Copyright in a digital era
Helping artists to protect their copyright and maximise distribution and revenue opportunities.
Copyright can seem like a complex area, but it is important to understand the rights you have over the work that you create. Knowing how to protect those rights, and what options there might be around licensing your work for sale, free use or re-purposing, can increase both audiences and income.
The Australia Council funds several specialist organisations to provide artists with advice and information around copyright.
This page aims to provide links to those and other resources which artists might find useful when exploring this important area.
Image: courtesy of Kevin du Preez
An introduction to copyright
Copyright is a type of legal protection for people who express ideas and information in creative forms such as writing, visual images, music and moving images.
Copyright law creates incentives for people to invest their time, talent and other resources in creating new material – particularly cultural and educational material – which benefits society.
Copyright protects the form or way an idea is expressed, not the idea itself. Copyright protection is free and applies automatically when material is created.
Resources
- An introduction to copyright - Australian Copyright Council
- Moral Rights - Arts Law
- Performers' rights – Arts Law
- An introduction to Indigenous Cultural and Intellectual Property – Solid Arts
Own and protect copyright
In Australia, copyright law is set out in the Copyright Act 1968. The general rule contained in the Act is that the creator of a work is the first owner of copyright but there are some exceptions.
Owners of copyright have exclusive rights to deal with their works and can assign or license them to others to manage.
Copyright gives its owner the legal right to take action if someone uses their material without permission.
Resources
- Ownership of copyright - Australian Copyright Council
- Protecting your copyright - Australian Copyright Council
- Infringement. What can I do? - Australian Copyright Council
- Protecting your designs - Arts Law
- Protecting your ideas - Arts Law
- Protecting your professional name - Arts Law
Giving and managing permissions
Collecting Societies provide a range of services to both members and licensees by administering copyright on behalf of members.
Collection Societies
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Managing rights for visual artists |
Australasian Performing Right Association |
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A copyright management company |
For international works |
Linking businesses to music makers |
Resources
- Copyright Collecting Societies - Australian Copyright Council
- Managing permission - Arts Law
Using and getting permission
Owners of copyright have a number of exclusive rights over their material. Anyone who wants to use someone else’s material in any of these ways generally needs permission. Different rights apply to different types of material.
Resources
- Permission: Do I need it? - Australian Copyright Council
- Permission: How to get it? - Australian Copyright Council
- Permission: Do I need it? - Australian Copyright Council
- Unauthorised use of your image - Arts Law
- Legal issues for bloggers
- Attributing Creative Commons Material - Creative Commons
Need more information?
Australian Copyright Council
Supporting a creative Australia through information and advice on copyright.
Arts Law Centre of Australia
Arts Law provides legal advice and information on a wide range of arts related legal and business matters.
Creative Commons is an international non-profit organisation that provides free licences and tools that copyright owners can use to allow others to share, reuse and remix their material, legally.
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