Under what conditions can you re-print an article? Under what conditions can you re-produce an image or video? For business owners, bloggers, and people who use content to create new works, these are critical questions that need to be answered.
However the fact that content is shared in this fashion does not necessary make it legal or permissible. Finding an image on the internet does not give you automatic entitlement to use it on your website. You do not have the automatic right to re-publish an article from a newspaper on your blog to share with your friends. You may be surprised that some people do this, and do so without any malice or intent – unfortunately common sense isn’t always common.
Under what conditions can you re-print an article? Under what conditions can you re-produce an image? A video? For business owners, bloggers, and people who use content to create new works, these are critical questions that need to be answered.
The information in this article is for general purposes only and should not be relied on as specific legal advice. Should you have any particular questions please contact your solicitor or contact the author directly.
The law recognises ownership of intellectual property. The term “intellectual property” itself is a general term that includes matters like Copyright, Trade Marks, and Patents. For the purposes of this article we will focus on Copyright, as this issue is far more likely to be encountered when sharing information over the internet.
Copyright
Copyright protects the original expression of ideas (and not the idea itself). For example, a person cannot reproduce chapters or extracts of a book like “Harry Potter”, but that does not stop them from writing a story about a young wizard. Copyright gives the owner of the copyright exclusive rights to deal with the work in question. This means that for the most part, anyone who wants to deal with the work in question needs to seek permission from its owner.
Copyright covers a wide range of material including art, literature, films, music, and computer programs. Generally copyright lasts for 70 years from the author’s death or from the date of first publication. This depends on the material in question. The law of copyright in Australia is found in the Copyright Act 1968.
Fair Dealing
The Copyright Act sets out a number of circumstances where permission is not needed to use or deal with copyrighted material. Among these circumstances are a number of acts known as “fair dealings” with the work in question or alternatively “fair use”. These include:
- Fair dealing for research or study
- Fair dealing for criticism or review
- Fair dealing for parody or satire
- Fair dealing for reporting news
- Fair dealing for research or study
[Next: Misapprehensions about Copyright]
Misapprehensions about Copyright
As Copyright area is a broad yet complex area of law, there are a number of common misapprehensions about Copyright and what it covers.
- “Copyright needs to be registered” – In Australia copyright is automatic and there are no formalities such as registration. The work is protected from the moment it is put into a material form.
- “No © mark means no Copyright” – As copyright is automatic, a © mark serves as a signal to others that it is the intellectual property of another. There is no requirement to display such a mark.
- “As long as you don’t reproduce too much its fine” – Courts have held in the past that infringement can occur as long as the essential part of the work is reproduced.
- “As long as it is non commercial it is fine” – Any unauthorised reproduction of the work in question, barring the exceptions in the Act, is generally considered an infringement.
Avoiding the Pitfalls
A lot of these pitfalls can be easily avoided by firstly having a good understanding of the law of Copyright as well as having some basic procedures put into place before publishing. If you are a publisher, consider having editorial guidelines or policies allowing your editors to double check articles before they are published. Consider running matters by your lawyer. And if you are in doubt, seek permission from the original creator of the work – it is better to be safe than to be sorry!
About the author
Kenneth Ti is an Associate Solicitor with Phang Legal and a graduate from the University of New South Wales. He has a background in financial services and insurance and has interest in a wide range of legal areas including Commercial and Civil matters and Intellectual Property. Kenneth is a strong believer in community services and pro bono work.
About Phang Legal
Phang Legal is a progressive and dynamic law firm offering a different attitude to the practice of law and a different approach to the delivery of legal services. The firm continues to honour the traditions and standards of the legal profession, while remaining current and relevant to ever changing client requirements and expectations. Phang Legal provides cost effective and practical solutions across a wide range of practice areas including convayancing and property law, corporate and commercial law, litigation and dispute resolution, wills and estates (elders law), legal aid and criminal law, and notary public services.
Contact Details
6/83 George Street, Parramatta NSW 2150 AU
Telephone: +61 2 9687 8885
Web: www.phanglegal.com.au
