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Copyright Worksheet

Go to www.copyright.org.au and answer the following questions:

1. What is the main role of the ‘Australian Copyright Council’?


- Assist creators and other copyright owners to exercise their rights effectively;
- Raise awareness about the importance of copyright
- Seek changes to law and policy to enhance the effectiveness and fairness of
copyright
- Research and identify areas of copyright law which are inadequate or unfair;
- Foster cooperation amongst bodies representing creators and owners of copyright.
2. Who funds the Australian Copyright Council?

Copyright Australia is a non-profit organization. The majority of our revenue comes from
their seminars, publication sales and member fees, and they also receive substantial
funding from the Australian Council.

This project has been assisted by the Australian Government through the Australia
Council, its arts funding and advisory body.

3. What does copyright in Australia protect?


- User-friendly Information Sheets and FAQs for copyright creators and users, freely
available online
- Latest online news and commentary on copyright-related issues
- Online bookstore offering practical, user-friendly guides for copyright creators and
users
- National seminar program on Australian copyright law for copyright creators and
users
- Free legal advice for professional artists and creators, educational institutions and
libraries
4. How does a work become protected by copyright in Australia?
You do not need to apply for copyright in Australia. The protection is free and automatic,
from the time a work is first written down or recorded in some way.
5. What is the ‘copyright notice’ and how is it displayed?
A copyright notice is used to remind people that the item may be or is
protected by copyright. It is represented by a ©.
6. Name the legislation that protects copyright in Australia (include year).
The Copyright Act 1968

Go to the section containing the Information Sheets to answer the following


questions.

1. Is the copyright legislation governed by State or Federal law?


A State, Territory or Federal Government will usually own copyright in material
created, or first published by it or under its direction or control.
2. List the ten (10) types of work that is protected by copyright legislation.
- Textual material
- Computer programs
- Complications
- Artistic works
- Dramatic works
- Musical works
- Cinematograph films
- Sound recordings
- Broadcasts
- Published editions
3. List and describe three (3) items not covered by copyright.
- Ideas
- Concepts
- Styles
4. How are disputes regarding the ownership of a piece of work generally
resolved?
It is a good idea to have a written agreement which states who owns copyright
in any material which your client pays you to create.
5. List three (3) reasons why such disputes are rare.
- Someone who claims that they own the copyright material
when they do not creates massive financial risks. This person may have
to pay not only compensation but also the other side’s legal costs.
- There are requirements in the Copyright Act who have been
threatened with copyright infringement to take legal action against the
person who making the threat.
- If a person claims in a court that they have created the
copyrighted material when they haven’t, they are at risk of perjury
(meaning that they lied in a court of law).

For further information on this issue, see


6. How long does copyright last?
It lasts the life time of the creator plus 50 years
7. Who owns the copyright of a work:
(a) … in general terms.
The first person to create the material or the person who is responsible for it
(b) Created as an employee.
The employer of the employee generally owns the copyright
(c) Completed as a freelance creator.
They usually own the copyright for the material that they created
(d) That is a film or sound recording.
The first person who is the owner of the copyright is generally the producer or
the person who paid for the film or sound recording
(e) Produced for State, Territory or Federal government.
The State, Territory or Federal government will generally own copyright for
material that is under the direction or control of the governments
8. What ‘rights’ apply to the following types of works:
(a) Literary, dramatic, artistic and musical works.
- Reproduce the work
- Make the work public
- Communicate the work to the public
(b) Films, sound recordings, broadcasts and published editions.
- Showing the material in public
- Transmitting film or sound recordings to the public through any
form of technology
(c) Rental rights.
- Exclusive rights to rent out articles such as CD-ROMS or CD’s.
9. Explain the terms ‘assignment’ and ‘license’.
Assignment- Assigning someone else the copyrights
License- Someone can use the copyrighted material
10. Describe the ways in which copyright may be ‘infringed’.
- Authorising infringement
- Importing certain materials that contain copyright
- Selling infringed articles or certain types of items containing
copyright material which were imported without permission
11. When is copyright not ‘infringed’?
In the Act there are provisions that cover these situations. These are referred
to as defences or expectations and are mostly very specific.

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