——— IP LITIGATION AND DISPUTES · Brisbane
Copyright infringement in business Brisbane
Defending or enforcing your businesses rights in copyright can be critical to ensure that it is protected for its ongoing business success. This is particularly important for businesses that are involved in licencing or producing copyright works as part of their business model.
$200k+
Minimum dispute
value we advise on
6 – 18mo
Typical litigation
timeframe
📞
Direct Line – Brisbane
In short
Copyright infringement is the unauthorised use, reproduction, distribution, performance, display, or adaptation of a copyrighted work without the permission of the owner, when such use violates the exclusive rights granted by copyright law. Copyright protestation may automatically apply or “subsist” in books, music, films, computer code, images, or other original works.
——— Practical tips
Practical tips for businesses alleging copyright infringement
Businesses can reduce the risk of copyright infringement and protect their own works by taking the following practical steps.
01
Ownership verification
Verify ownership before use by confirming who owns the copyright and whether permission or a licence is required.
02
License documentation
Maintain licence records by keeping written evidence of all licences, permissions and usage rights granted.
03
Compliance policy
Implement a copyright compliance policy that requires approval before using third-party content in your business.
04
IP audits
Conduct regular intellectual property audits to identify and address potential copyright infringement risks.
05
Content monitoring
Set up copyright monitoring tools to check for reproduction of important works such as your webpages.
06
Legal consultation
Seek legal advice when uncertain about copyright ownership, licensing terms or applicable exceptions.
On this page
- quick summary of copyright infringement matters
- what constitutes copyright infringement?
- who can commence proceedings for copyright infringement?
- relief available for copyright infringement
- examples of copyright infringement
- key takeaways about copyright infringement
- our approach to matters involving copyright infringement
- FAQs
——— copyright infringement · Brisbane
Quick summary of copyright infringement
A business may have a claim for copyright infringement where another party reproduces, publishes, communicates, adapts or otherwise uses copyright-protected material without permission.
Under copyright law, namely the Copyright Act 1968 (Cth), protection is free and automatic the moment an idea is recorded in a material form. Remedies for copyright infringement include injunctions, damages or an account of profits, additional damages for flagrancy, delivery up or destruction of infringing copies.
Generally, the business whose works are being infringed must show that:
- they are the rightsholder of the copyrightable work, or are entitled to enforce these rights;
- the material actually is protected by copyright because it is a substantial work;
- the alleged infringer copied or used a substantial part of the work;
- the use was unauthorised; and
- no applicable defence or exception applied.
——— What constitutes a copyright infringement?
What is a copyright infringement?
Copyright infringement occurs when a person uses material in which copyright subsists without the permission of the copyright owner in a way that infringes one or more of the owner’s exclusive rights under the Copyright Act 1968 (Cth).
Under sections 31 and 36 of the Copyright Act 1968 (Cth), the legal test generally requires that:
Subsistence
Copyright subsists in the work.
Ownership
The claimant owns, or is entitled to enforce, the copyright.
Reproduction
The alleged infringer reproduced, published, communicated, adapted or otherwise used a substantial part of the works.
Authorisation
The use occurred without authorisation and outside any applicable exception or defence.
Copyright infringement can arise in many business contexts, including copying website content and images, using photographs without a licence, reproducing marketing materials, copying software without permission, or publishing copyrighted content on social media.
——— Are you eligible to initiate proceedings?
Who can commence legal proceedings for copyright infringement?
Legal proceedings for copyright infringement may generally be commenced by the copyright owner or an exclusive licensee of the copyright under the Copyright Act 1968 (Cth).
To bring a claim, the person or entity must usually be able to demonstrate that they own the copyright, have been assigned the copyright, or hold an exclusive licence granting them the right to enforce the copyright against infringers. Court action must be supported by a recognised legal basis. Limitation periods vary by claim and jurisdiction, and urgent action may be needed to preserve remedies.
——— What remedies ARE available?
Remedies for copyright infringement
Where copyright has been infringed, the copyright owner or exclusive licensee may seek remedies from the court under the Copyright Act 1968 (Cth) to restrain further use and compensate for loss.
Possible remedies include:
Injunction
To urgently restrain a person from continuing to reproduce, publish, communicate, or otherwise use the infringing material.
Delivery up or deletion
To require infringing copies or materials (including digital files) to be handed over, deleted, or destroyed.
Damages or compensation
To compensate for loss suffered, and in some cases to reflect the flagrancy of the infringement.
Account of profits
To require the infringer to surrender profits made from the unauthorised use of the copyright material.
Orders against third parties
In appropriate cases, relief may extend to others involved in the infringement, including distributors or those who knowingly facilitate the infringement.
——— What are the common examples giving rise to copyright infringement?
Conduct giving rise to copyright infringement
Conduct that may amount to copyright infringement includes any unauthorised use of copyright-protected material, such as copying, reproducing, communicating, distributing, or adapting a work without the copyright owner’s permission.
Common examples include:
Unauthorised copying or reuse of content
Copying text, images, reports, or designs from another business or website without a licence.
Conduct that may amount to software or code misuse
Reproducing, modifying, or incorporating proprietary software or source code without authorisation.
Common examples of unlicensed publication or online use
Uploading or sharing copyrighted images, videos, music, or written content on digital platforms without rights.
Conduct that may amount to unauthorised distribution of protected material
Sharing, selling, or circulating copyrighted documents or media without consent.
Speak with Dundas Lawyers before the issue escalates
Our lawyers can advise you on your rights, urgent injunctions, evidence preservation and possible Court remedies. Call our office or submit an enquiry online and we will let you know the next practical steps.
or email us at info@dundaslawyers.com.au
Examples and case law about copyright infringement
For further reading on the topic of copyright infringement, see the following articles and cases:
- How much copying leads to copyright infringement? – a substantial part must have been copied to constitute copyright infringement. See our article here.
- Misuse of confidential information within source code – discusses Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281, which discussed that a substantial reproduction of source code will constitute copyright infringement. See our article here.
- Ed Sheeran wins “Shape of You” copyright infringement lawsuit – discusses Sheeran & Ors v Chokri & Ors [2022] EWHC 827 (Ch), which applied copyright law in the United Kingdom to determine the likelihood that Mr Sheeran could have reproduced or copied a song. See our article here.
- Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2025] FCA 1265 discussed that copyright will be infringed where there is reproduction in a material form of the whole or a substantial part of the works.
- Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168 confirmed that substantial part is to be determined with reference to the originality and creative intellectual contribution, particularly in a technology context.
Recent videos on copyright infringement by Dundas Lawyers
——— Key takeaways
Key takeaways about copyright infringement
What is copyright infringement
Copyright infringement may occur where copyright-protected material is reproduced, communicated, published, adapted, or otherwise used without the copyright owner’s permission under the Copyright Act 1968 (Cth).
Types of protected works
Copyright-protected works can include written content, images, videos, music, software code, designs, reports, and other original creative material.
Legal test for a claim
Claims arise under statute, primarily the Copyright Act 1968 (Cth), and generally require proof of ownership, subsistence of copyright, copying of a substantial part, and lack of authorisation or a valid defence.
Consider urgent action
Prompt action may be required to prevent ongoing infringement, preserve evidence of copying, and limit potential commercial and reputational harm.
Available remedies
Remedies may include injunctions, damages or additional damages, account of profits, and orders for delivery up, deletion, or destruction of infringing material.
Our approach to copyright infringement matters
Dundas Lawyers’ approach to copyright infringement cases combines years of commercial litigation experience with a practical understanding of intellectual property and disputes between businesses. Identifying and forensically preserving evidence is at the heart of our approach to copyright infringement. In this respect, our lawyers use our Uncommon Nous to help clients identify what copyright needs to be protected, assess whether it has been misused, and choose the most effective response.
——— Frequently asked questions
Copyright infringement: common questions
What is copyright infringement?
Copyright infringement occurs when a person uses copyright-protected material without permission from the copyright owner in a way that violates the owner’s exclusive rights under the Copyright Act 1968 (Cth).
What types of material are protected by copyright?
Copyright can protect a wide range of original works, including written content, images, music, films, software code, designs, reports, and online content.
Do I always need permission to use someone else’s work?
Yes, unless an exception applies (such as fair dealing), you generally need permission or a valid licence to reproduce, publish, communicate, or adapt copyrighted material.
What is fair dealing?
Fair dealing allows limited use of copyrighted material without permission for specific purposes such as research, study, criticism, review, news reporting, or parody, provided certain conditions are met.
What should I do if I receive a copyright infringement notice?
You should review the claim carefully, preserve relevant materials, stop using the content if necessary, and seek legal advice before responding.
What are the consequences of copyright infringement?
Consequences may include court orders (injunctions), damages, account of profits, and orders to remove or destroy infringing material.
Copyright infringement enquiry
Legislation for copyright infringement
Legislation relevant to copyright infringement claims:
- Copyright Act 1968 (Cth) – the primary legislation governing copyright protection in Australia. It sets out what works are protected, the exclusive rights of copyright owners, what constitutes infringement, and available remedies.
- Corporations Act 2001 (Cth) – may be relevant where directors, officers, or employees copy or use copyrighted materials in breach of their duties or employment obligations (for example, misusing company-owned software, reports, or marketing content).
- Privacy Act 1988 (Cth) – may apply where copyrighted materials also contain personal information (for example, customer databases, reports, or digital content that includes identifiable personal data handled by regulated entities).
Recent insights about copyright infringement
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Proposed changes to copyright for orphan works
On 5 November 2025, the Copyright Amendment Bill 2025 (Cth)(Bill) was introduced to the Federal Parliament to amend the Copyright Act 1968 (Cth)(Copyright Act). The media release to the Bill explained that it proposed two (2) reforms to the Copyright Act by establishing Australia’s first statutory “orphan works” scheme and clarifying the permitted use of…
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Federal Gov rules out copyright text and data mining exception for AI
On 26 October 2025, the Attorney-General, Hon Michelle Rowland MP, published a media release reiterating that the current Federal Government will not introduce a text and data mining (TDM) exception to copyright infringement in the Copyright Act 1968 (Cth) (Copyright Act). The Attorney-General’s Department will instead engage in further consultations with members of the Copyright…
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Malcolm Burrows on ABC’s “Legal Eagles” segment – copyright law and the Anthropic case
On 10 September 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss legal issues associated with copyright subsisting in artificial intelligence (AI) training data.
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Canva – who owns the artwork created by users?
The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act). From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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“User principle” damages in copyright breach cases
The usual position in intellectual property infringement matters is that the successful applicant can elect between an account of profits or damages. However, what if the applicant has not suffered any direct loss as a result of the actions of the respondent that is held to have infringed its copyright?
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Ed Sheeran wins “Shape of You” copyright case
This article examines the legal test for copyright infringement in Australia, using Ed Sheeran’s Court case in the UK as an example. Find out how the Courts determine when a song is a copy of another and what the implications are for musicians.
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Hermès sues artist over NFT “Birkin” bags
Explore the implications of virtual artworks created with the help of non-fungible tokens (NFTs) and how this has caused a legal battle between a renowned fashion house and an American artist. Learn more about the copyright and trade mark infringement issues, and the implications of this case for the future of digital art.
Recent Federal Court decisions regarding copyright infringement
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Roadshow Films Pty Ltd v Telstra Limited [2024] FCA 246
COPYRIGHT – whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) Held: site blocking and related orders made
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106
INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence…
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Chou v Metstech Pty Limited [2023] FCAFC 205
COPYRIGHT – appeal and cross-appeals – whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up – whether the plaintiffs in the proceeding below failed to join a necessary party – whether the declaration made is an order in rem – where no objection to…
