Copyright protection lawyer Brisbane

At Dundas Lawyers^®, our copyright lawyers have expertise in all aspects of copyright including identifying it, protecting it and prosecuting its infringement.  Copyright can be a particularly important asset to many businesses that we work with including Software Developers, SaaS Providers, Digital Marketers, Game Developers, Online Marketplaces and Professional Services business.  Copyright is at the heart of many large international businesses. Our expertise includes advising on:

• literary works;
• computer code;
• compilations of data;
• artistic works;
• dramatic works;
• musical works; and
• moral rights.

What exactly is copyright?

In Australia copyright is governed by and subsists because of the Copyright Act 1968 (Cth) (Copyright Act).  Copyright protection in Australia is automatic, unlike the United States that requires it to be registered. Only the owner of the works in which copyright subsists, has the exclusive right to reproduce, publish and communicate it to the public.  Copyright laws seek to protect misuse of the owner’s copyright in a work from exercising those rights. 

The Copyright Act protects copyright in “works” and copyright in “subject-matter other than works”.  Works under the Part III of the Copyright Act encompass the four traditional categories of literary, dramatic, musical and artistic works (Works).  Part IV of the Copyright Act covers copyright in subject-matter other than Works, and includes sound recordings, cinematograph films, television and sound broadcasts, and published editions of works in which copyright subsists.

Literary works

A literary work (Literary Work) is a species of copyright that provides protection for works that are ‘information, instruction or pleasure in the form or literary enjoyment’.  To qualify as a Literary Work there must be “a degree of originality, some labour, skill, judgment or ingenuity involved in the expression of the idea”.  For example, a book, newspaper article, letter, email, computer code or compilation of data may constitute a Literary Work.

Compilations of data

Compilations and tables of data are capable of being protected by copyright because, like computer programs they are “literary works” as defined by section 10 of the Copyright Act 1968 (Cth). In accordance with the provided statutory definition, to be considered a literary work, a compilation must be more than just a random collection of data.  By reason of the selection or arrangement of its a content a compilation must constitute an exercise of skill and judgement. 

Artistic works

The term artistic work (Artistic Work) is defined in section 10 of the Copyright Act 1986 (Cth) to include visual representations in the form of a painting, sculpture, drawing, engraving, photograph, building, model of a building, or work of artistic craftsmanship.  The author of the work will own copyright and the work will be protected irrespective of artistic quality.

Musical works

While the term musical work (Musical Work) is not defined in the Copyright Act 1968 (Cth), earlier legislation provides insight to how it has traditionally been understood.  The Copyright Act 1905 (Cth) states that a Musical Work is “any combination of melody and harmony, or either of them”.  However, to receive copyright protection, a work must be reduced to ‘material form’.  An idea alone will not receive protection.  Writing out musical scores in the form of sheet music, broadsheets or other notations are examples of reducing a Musical Work to ‘material form’.

Dramatic works

The term dramatic work (Dramatic Work) includes plays, screenplays, scripts, choreographic notation, choreographic shows and scenarios for a film, however, does not include the film itself.  This suggests that any work that is intended to be performed dramatically will constitute a Dramatic Work.  It is important to note that a Dramatic Work must be reduced to a ‘material form‘ in order receive copyright protection.  Hence it is the script or score that receives copyright protection, not the performance.  There must also be evidence of sufficient skill and labour that went into creating the Dramatic Work to make it original.

Moral rights

Moral rights are personal rights that exist in relation to literary, artistic, musical and dramatic works, films.  Moral rights emphasise a creator’s right to be credited and the subsequent protection of the personal relationship they possess with their work from unfavourable treatment.  Legislation involving the moral rights of creators are contained in the Copyright Act 1968 (Cth) (Act).  These rights exist automatically and require no action on the behalf of the author or artist and generally remain in force for as long as copyright subsists in the works. 

Our services in relation to copyright law include:

• advising on subsistence of copyright;
• conducting intellectual property audits;
• drafting all types of IP Assignment Agreements;
• advising on steps that can be taken to protect copyright including implementing technology protection measures and use of canary tokens; and
• drafting various copyright licensing agreements.

Dundas Lawyers^® Court decisions involving copyright

Dundas Lawyers^® advises on all aspects of copyright law as well as initiating and defending copyright matters in both the Supreme Court of Queensland and the Federal Court of Australia.  To see a list of our cases that involve copyright see Intellectual Property Disputes.

Recent videos about copyright protection by Dundas Lawyers^®

Disclaimer
This page contains general commentary only about copyright protection.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

Why choose Dundas Lawyers^®?

Having exerted Blood Sweat and Years^® since April 2010 we are the team that you want on your side to protect your businesses intellectual property.  Some of the reasons clients choose Dundas Lawyers^® include:

• our Uncommon business acumen;
• our Uncommon expertise in transactional, compliance and litigious matters;
• our Uncommon expertise forensic case preparation;
• our Uncommon customer focus;
• the fact that we don’t just know law, we know business!
• how we leverage our Uncommon Nous^® to provide client centric solutions.

Considering getting a lawyer to advise your business?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in copyright protection please phone our team on either 1300 386 529 or 07 3221 0013.

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

Complete the form below and we will respond to your enquiry within one (1) business day from the moment you press Submit.

Recent insights about copyright protection