Copyright in Australia

How does copyright law work in Australia?

Copyright is an intellectual property protection available to artists and the original creators of work which is a legally enforceable right to property in the work which copyright is claimed over.  In Australia,  Copyright does not need to be registered in Australia for it to be an enforceable right although the protection which the owner of copyright has as a result of registration is stronger than it would otherwise be.  According to Copyright Australia, Copyright is a type of legal protection for people who produce things like writing, images, music and films. It is a legal right to prevent others from doing certain things (such as copying and making available online) without permission.  The source of law in relation to copyright is the Copyright Act 1968 and associated case law and regulations.   The penalties for copyright infringement can be severe.  For instance, under section 132AD of the Copyright Act 1968, the penalty for selling an infringing copy of a work can be punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.  Although these are maximum sentences, they still are hefty for the level of culpability you would normally associate with something like this.  It is also a little known fact that it is actually an offence to make a false accusation of a copyright infringement where the intention is only to harass or intimidate the recipient of the threat.

How can I get help with copyright law?

If you would like to know more about how the law of copyright operates in Australia and how you can better protect your intellectual property, we can assist you with further information and access to lawyers who specialize in intellectual property and can ensure that your rights are fully protected as the original author of a work or as an artist.   It is very important to realize that your work is valuable and you should ensure that it is protected.

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