Copyright protection is automatic
Certain forms of expression such as text, photographs, music, computer programs and films are automatically protected by copyright under the Copyright Act. You do not need to do anything to get copyright: if your work meets the requirements for protection in the Copyright Act, it is protected as soon as it is made.
The work must be:
* the type of thing that copyright applies to (e.g. an artistic work or a musical work),
* the result of some skill and effort (and not merely copied from someone else), and
* recorded or "fixed" (for example on paper, a computer disk or a CD).
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What copyright protects
Copyright protects the way ideas or information are described or expressed (for example, in a document or a drawing), not the ideas or information themselves.
Something is protected by copyright if it is:
* a form of expression covered by the Copyright Act,
* recorded or fixed (for example, written down or saved in a digital file), and
* the result of some skill and effort, and not merely copied from somewhere else.
It must also be first published in a country which is a party to an international copyright treaty, or made by a national of such a country. Most countries are a member of one or more copyright treaties, so it is extremely rare that a work first published overseas, or by an overseas creator, is not protected.
Other things that can be protected by copyright include:
* TV and radio broadcasts (separately from the broadcast content); and
* the typographical arrangement of a published document (separately from the published words).
A physical item can contain a number of different and separate copyrights. For example, a CD will usually contain a number of musical works, lyrics, and recordings of performances of the music and lyrics. Similarly, a DVD will usually contain moving images, recorded sounds on the soundtrack, a screenplay and music.
Copyright purposes and sources
What is copyright law for and where does it come from?
Where does copyright law come from?
Australian copyright law comes from the Copyright Act, a Commonwealth statute, and from court decisions. The Copyright Act came into operation on 1 May 1969, and has been amended many times since then, most recently in December 2006. The current Copyright Act replaced an earlier Act, which was based on UK copyright law.
In many cases, Australian courts have had to decide how the Copyright Act is to be interpreted and applied. Therefore, working out how copyright applies in a particular situation can require looking at court decisions as well as at the Copyright Act.
Why do we have copyright?
The primary purpose of copyright is to provide an incentive for people to produce new works for the benefit of society as a whole. The incentive is created by the opportunity to be paid when other people use and disseminate those works. Copyright can also reward people who create works without expecting payment, when their works end up being used by others.
The government-appointed committee whose report led to the introduction of Australia's current Copyright Act said:
The primary end of the law on this subject is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works.
In copyright law, the objective of encouraging the creation of new works is balanced by the objective of making material available for socially desirable purposes such as research and education.
No government registration system in Australia
There is no government registration system for copyright protection in Australia. You do not need to publish your work, put a copyright notice on it, or to do anything else to be covered by copyright the protection is free and automatic. There are no forms to fill in, and there are no fees to be paid. You do not have to lodge your work with a government agency or anwhere else.
Private registration services
There are some private companies that offer registration services. The registration fee may not give you any additional legal protection.
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