Australian Copyright Law: Protecting Creativity

Copyright Basics

• Copyright law aims to balance adequate protection for creative efforts with reasonable access for the broader community.
• Lawmakers are mindful that too much protection could hinder new creations, which often build on existing works.
• Established in 1968, The Australian Copyright Act is the current legal framework governing copyright in Australia.
• The legal framework has been amended to address challenges produced by the digitization of music reproduction via the internet.
• Copyright is one element of Intellectual Property, which includes patents, trademarks and designs.
• These protections are more stringent than copyright, as they protect economic rights of creators/owners in the commercial marketplace. Copyright protects both creators and users by:
• Protecting creative works from unauthorized use
• Providing an incentive for creators to produce new material
• Protecting the public's right to access and enjoy creations
• Copyright does not prevent access or use, but places restrictions and ensures compensation for the owner.
• According to the Copyright Act, copyright is automatic from the moment a creative idea is fixed in 'material form'.
• There is no need to register your work for copyright in musical works.
• An appropriate copyright notice includes the title of the work, the author/creator, and year of creation. An example:
• ‘Title of Work' + © ‘Author/Creator' + 'Year of Creation’
• Sound recordings also have a symbol claiming copyright ownership, placed on all recordings, with the recording title, owner, and year of release.
• General copyright duration for literary or musical work lasts 70 years after the creator's death, with the exception that collaborative effort copyright expires 70 years after the last surviving author/creator death.
• Copyright in a sound recording expires 70 years after its public release, irrespective of collaboration.
• Works and recordings created prior to 1955 have a copyright regime of 50 years (The 2005 changes did not extend the timeframe by an additional 20 years.)
• When copyright expires, the work enters the ‘public domain', making it free to use/adapt with no permission needed.
• Creating a new work/recording using public domain material will likely have copyright protection for the new elements.
• Two main categories of material are protected under copyright law: 'works' and 'subject matter'.
• Works are artistic, literary, or musical creations that are original and a product of the creator's skill and labor. Works include:
• Literary works (song lyrics, stories, novels, poems, scripts, etc.)
• Musical works (song melodies, symphonies, instrumentals, computer music, jingles)
• Dramatic works (musicals, plays, ballets, TV scripts)
• Artistic works (paintings, sculptures, photographs, engravings, buildings, models, cartoons, etc.)
• Subject matter result from entrepreneurial investment, such as sound recordings like CDs, vinyl records, tapes, sound effects libraries), broadcasts (radio, television, internet), and cinematographic films (film, video, DVD).
• Copyright in subject matter is separate from individual music or lyrics, films, songs and TV show) affected by the matter
• First creator of a work is the copyright owner, allowing freelances retain copyright unless a higher fee is taken and a work-for-for-hire agreement is signed with the clients
• Having a written agreement stating exactly what both parties can do with the work produced is important with freelancing
• When creating as part of your job function, the employer will probably own copyright in the things you create
• Licenses, verbal or written, can assign rights to record labels, music publishers, collecting societies (APRA/AMCOS, PPCA)
• Assignment of copyright must be in writing.

What are your Rights?

• Your exclusive rights in literary or musical works include:
• Reproducing the work
• Making the work public for the first time
• Performing the work in public
• Communicating the work to the public via any medium
• Adapting or translate the work (lyrics)
• Arranging or transcribing the work (music composition)
• Your exclusive rights in a sound recording include:
• Making copies of the recording
• Performing the recording in public
• Communicating the recording to the public
• Renting the recording out

Moral rights

Rights that creators have in material to protect their ‘“honour and reputation.”’" Cannot be licensed, transferred or sold. Lasts for 70 years, then passes to family or designated individual. Creators have the right to be credited for their work, and the right to not have their work falsely attributed to another and treated in a derogatory way.

Performers' rights

Rights of those who perform creative works but did not contribute directly to the creation, and can authorize the recording/filming of their performance and control the communication of that performance; have potential copyright ownership in sound recordings and moral rights of their performances. Release form granting permission will usually specify recording/filming and intended purpose In 2005, performers got part ownership (50%) of copyright in sound recordings of live performances unless otherwise written. The other 50% goes to whoever paid for the recording master. If a band is recorded live, each member could own a share of the sound recording unless otherwise specified. A release form waiving these claims from all performers you DO NOT want to share to the copyright with is essential.

Fair Dealing

In the Copyright Act, instances where copyright work can be used by a third party without obtaining the owner's first for -

• Research and study (educational courses at school, TAFE, university)
• Criticism or review
• Parody or Satire
• Reporting news
• Time shifting, formatting or space,shifting
• Judicial proceedings or professional advice 'Fair Use' in USA has broader allowance based on free on speech under the Country’s Constitution 'fair comment' and ' public interest' can claim as a defense for use without permission 'Fair Dealing' laws are largely untested in Australia

Organizations that Deal with Copyright

• The Australian Copyright Council.
• The Arts Law Centre of Australia.
• Copyright Agency Limited (Viscopy) - represents authors, visual artists, and licenses the copying and use of material (lyrics, books, photos, articles).
• APRA (Australasian Performing Right Association) - represents composers, lyricists, and licenses the public performance and communication of musical work's composition and lyrics. AMCOS (Australasian Mechanical Copyright Owners' Society) - licenses the reproduction and distribution of recorded lyrics and composition.
• PPCA (Phonographic Performance Company of Australia) represents record labels and licenses the public performance and communication of sound recording or music video.
• Screenrights (formerly Audio Visual Copyright Society) represents copyright holders in films and licenses copying and use in educational institutions.

Intellectual Property

Intellectual property is property that derives from the mind or intellect and includes: Patents, Trademarks, Designs, Copyright, Circuit layout rights, Designations, and Plant breeders' rights.

International Copyright

• No international copyright law, so creative work is not automatically protected worldwide.

• Most Countries have copyright laws that can offer different levels of protection and durations

• In most countries, a work may not be protected unless it displays the copyright symbol, year of creation and creator's name, or registration with government approval

• Copyright laws of a country deal only in activities that take place within that country, regardless of where work originated

• Australian copyright protects/applies songs/lyrics published in Australia

• International Copyright Treaties:

• Berne Convention - Literary and Artistic Protection

• GATT - Include trade agreement that relate to aspects of intellectual property rights. Includes TRIPS (Trade-Related Aspects of Intellectual Property Rights)

• UCC - Universal Copyright Convention

• Rome Convention - Protection of Broadcasting Organization. Also known as Performers,Producer, Phonogram

• Geneva Convention -Producers of Phonogram against Unauthorized Duplication

• The WIPO copyright treaty & Performances and Phonograms Treaty following world Intellectual Property Organization of Copyright

• Effect of international treaties:

• To become a party to International Treaty, a country has to legislate to achieve a minimum standard, also must give copyright material protection from all countries which are party to the treaty.

• Countries who grant Australian material copyright protection under international treaties includes - Canada, China, France, Germany, Hong Kong, Indonesia, Japan, South Korea, Malaysia, New Zealand, Singapore, the United Kingdom and the United States.

• Copyright protection minimum standards create a basic level in all member countries; there does need to be uniform legislation

• written material such as lyrics, books and reports

• music compositions

• dramatic works (plays & musicals)

• cinematograph works (films & videos)

• sound recordings & recorded performances

• artistic work, painting,drawing photo

• Rights owners

• Grant for reproduction rights in relation to covered materials and the public performance and communication

• Type of Protected People

• The Rome convention protect companies and broadcasting organization,WIPO treaty can provide Rights of communication to cover online transmissions of content like the internet

• Period of copyright protection

• Has required minimum standards to protect the treaties materials

• Berne Convention require to most protect work +50 years of the authors life.

• All major copyright require party states 'National treatment' (this means that member states that the state copyright gives the same copy right if created nationally)

• Requirement protection Overseas

• Treaties give automatic protection formalization like registering a UCC member countries can deny treaty only applies if there's copies of public works and Country is party to either Berne Covention United State

• United State*: Granted automatically don't need to be registered. Registration of US copyright is necessary to cause for copyright infringement in US

• Canada *Granted automatically as created can register certificate can be for court of ownership

• United Kingdom Copyright protection exist autocratically do not need to be filled or pay make work that is symbol don't change the strength.

• Moral Rights protection Overseas

• Australia:Automatically have moral rights in the works created no is Required.

• It becomes necessary is some countries included new Zealand to assert to enforce, it's normally done by the statement" The author is right identify to being asserted if work will published should seek advise from the qualified solicitor in private practice

• International collecting Societies role

• Societies APRA;AMCOS Limited Administrator licenses or pay Royalties on the behalf its members then Australian used overseas its Australian Affiliates to keep track was

• Australians gain access to works from outside countries help Royaltie's for Australia to work

• Main international collection societies include

• International Federation IFROO

• International Standard

• code:International standard codes of numbers or letter use unique identified to credit materials or work literary music or sound recordings or act as digital provide with license royal identify in works serve ID

• ISBN digit to identify and book products book editions like DVDs or eBook

• The ISWC is a unique music work the title a unique to the work digit its number it composer or author its arrangement own to adapt works.

• Twelve 12 the identified sound or music video recording Isrc to compose and LYC record on code ISRC.

• The grip-global release in 18 character

Licensing & Assigning Rights

• Copyright in a musical or recorded work can be licensed or assigned.
• Difference is the license, the creator/owner gives permission to another party to make certain use of your work but retains ownership.
• The assignment of copyright transferred the rights of Act to someone else for the period of time of the "term" like leasing
• Moral Rights cannot be licensed or assigned and will remain with the original creator of the work Licensee need permission from ALL (multiple creators/owners) for work use
• If entity is assigned in a copy right a licensees many deal with parts entities

Copyright considerations:

• terms/duration of license
• Territory coverage of the license
• type payments granting license.

Types Licenses

• Exclusive Licence: You give one the someone sole right to use the work while restricting yourself or others from granted the same licence
• Non-exclusive Licence: someone that the precluding you the or give agencies agency is to use license in particular from licensing similar and of agencies
• Implication Licence: In some cases material is for which the created will.
• The nature license is depending on the circumstances.

Assigning Copyright

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• Music publish the songs with their rights when or performing artists or aggregate
• The assignment in is days of but always the Contractors requires 1 in perpetuit perpetuity a lennon McCartney Revolution for Nike. Licencing authorise a sultanas on the grapevine

Considerations of Licenses

• parties contract Assign license
• Copyright material be identify
• Grant How many can by did with territory to purposes?
• Duration does it? Payments what way payments?

Other issues to agreement

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• Include part - Include names who contract
• Extremely what enter of website easy checking an a button in formal
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• Licences limited benefit the unclear cannot

Collection Societies : Copyright

The collection societies license and administer the use of copyright material. APRA licenses for the public performance and communication to the public of a musical work's composition and lyrics. They register your music/lyrics so they can license their use and collect royalties, which are distributed to you. In order to work, you need to complete online registration that is required to become a member with contact information the details needed in these processes are located on the APRA website

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