Copyright lawyers Sydney
Infringement of copyright
Assuming that ownership can be established, the question is typically whether or not any copying of the work has taken place without the licence of the owner of the copyright. There are a number of specific provisions which cover specific scenarios but generally, copyright will be infringed if a person reproduces, publishes or communicates the work or a substantial part of it to the public in Australia, and they cannot rely on any of the defences provided for under the Copyright Act.
Reproduction for example would occur as soon as a document is put onto a USB stick, if a work is copied by drawing it by hand, or words are copied and pasted into an email before sending the email. Often the reproduction right is the first right to be infringed.
Lawyer for Copyright
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Have you had your copyright infringed? There are various defences. It is important to act quickly and decisively and our practitioners are familiar with the relevant precedent case law necessary to advise you about the issues at hand and the quantum of damages involved in relation to your matter.
If you are looking for a lawyer for copyright, CONTACT US for a free initial consult, and get fixed fee quotes.
FAQ
What constitutes copyright infringement in Australia?
Copyright infringement occurs when a person exercises one of the exclusive rights of the copyright owner — such as reproducing, publishing, communicating, or adapting the work — without the owner licence or authority. Both direct infringement and authorisation of infringement by others can give rise to liability.
Do I need to register copyright in Australia?
No. Copyright protection in Australia is automatic upon creation of an original work and does not require registration or a copyright notice. The copyright symbol is optional but recommended as it puts others on notice of your ownership.
What remedies are available for copyright infringement?
Remedies include an injunction to stop the infringing conduct, damages (compensatory and in some cases additional damages), an account of profits, and delivery up or destruction of infringing copies. Acting quickly to obtain an injunction is often the most effective first step.
How long does copyright last in Australia?
For most works, copyright lasts for the life of the author plus 70 years. For films and sound recordings, the term is 70 years from publication. Crown copyright lasts 50 years from publication.
What is the difference between copyright and trademark?
Copyright protects original creative works such as text, images, music, and software automatically upon creation. Trademark protects brand identifiers such as names, logos, and sounds in connection with goods and services, and requires registration with IP Australia to obtain the strongest protection.
Selected case law examples
| Case | Facts | Damages | Additional damages |
|---|---|---|---|
| Weller & Anor v Smith [2016] FCCA 2822 | Photographs | $7,350.00 | $20,000.00 |
| Corby v Allen & Unwin Pty Ltd (2013) 297 ALR 761 | Photographs | $2,000.00, $5,000.00, $500.00, $1,000.00 and $750.00 (per photograph) | $45,000.00 |
| Ian Cubitts Classic Home Improvements Pty Ltd v Granny Flat Projects [2015] FCCA 2630 | Designs, building plans, text, computer-generated images, brochures | $120,000.00 | $200,000.00 |
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