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Copyright law in Perth, Australia, like elsewhere in the country, is governed by the federal Copyright Act 1968. This law provides protection for various types of creative works including literature, drama, music, and art, as well protecting audio-visual and broadcast works, sound recordings, and films. The owner of a copyright has the exclusive right to reproduce, publish, perform, and adapt the work. However, these rights don't last forever. Generally, they cease 70 years after the death of the author.
You may need a copyright lawyer if you've created work that you wish to protect, if someone infringes upon your copyright, or if you wish to use someone else's copyrighted work and are uncertain about the legality of doing so. Lawyers can help you in registering your work, identify potential violations, navigate licensing agreements, or represent you if legal action becomes necessary.
Australian copyright law doesn't require registration. As soon as an original creative work is put into a tangible form, it's automatically protected by copyright. While there are exceptions for uses like criticism, research, and news reporting, it's vital to remember that it's illegal to use copyrighted material for financial gain without the original creator's consent. Notably, Australian law also recognises Moral Rights, which relate to the creator's right to be recognised as the creator of a work, and to have their work treated respectfully.
Copyright in Australia protects original literary, dramatic, musical and artistic works, as well as films, sound recordings, broadcasts and published editions of works.
Generally, copyright protection lasts for the life of the creator, plus 70 years. For published films and sound recordings, it lasts for 70 years from the year of publication.
No, copyright protection is automatic in Australia.
Unlike some other jurisdictions, Australia does not have a broad 'fair use' provision. It does, however, have 'fair dealing' provisions which may allow you to use works in certain specific situations.
Moral Rights are the creator's right to be recognised as the author and to have their work treated respectfully. They cannot be sold or waived and exist in addition to copyright.
For more information on copyright law, consider referring to the Australian Copyright Council, the Arts Law Centre of Australia, and the IP Australia government agency. Your local legal aid office may also be able to provide guidance.
If you require legal assistance with copyright, start by identifying lawyers specialising in intellectual property (IP) and copyright law. Many offer initial consultations to explore your situation and needs. Keep clear records of your work, any instances of infringement, and any professional communications related to your work.
