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Copyright made easy

What is copyright?
Copyright is an automatic set of exclusive rights granted to the creator of a work.  The work may be literary, artistic, musical, a computer program, sound recording or film.  These rights enable the copyright owner to reproduce or communicate the material and, for some material, the right to perform or show the work to the public – in other words, the right to economically exploit the result of a creator’s endeavour.

How long does copyright last?
As a general rule, copyright lasts for the lifetime of the author/creator plus 70 years.

What does this mean for me?
For literary, dramatic, musical and artistic works, you must first determine if the author is dead or alive.
If the author is still alive, the material is still in copyright.
If the author is dead, the material will be out of copyright after 70 years.
For all other works (sound recordings, film and broadcasts), the author's death does not matter and you must determine when the material was first published.  If it was published more than 70 years ago, it is out of copyright.   If it was published less than 70 years ago it is most likely still in copyright
Just because a work is still in copyright, it does not mean you cannot copy it – it means that you must obtain permission from the copyright owner.

What can I copy?
You may make one copy of a reasonable portion of a work for your research or study without the need to obtain permission from the copyright owner.  A reasonable portion is defined as 10% of a whole work, or one chapter of a work (if the work is divided into chapters), or one article from a magazine (you may copy more than one article from the magazine if the articles are related by subject), or an image that accompanies text being copied.

What about the internet?
You should proceed on the basis that everything on the internet is protected by copyright.  Some websites may state that they don’t mind if you copy their material as long as you acknowledge the source.  If the website doesn’t state this, then you need to get permission from the webmaster or creator of the site.  Send them an email (ie: ‘contact us’) stating what you want to copy and why – most people are happy for you to use their material as long as you ask and acknowledge them.  You may provide a link to the URL of a website without breaching copyright.

Can I copy from one format to another?
No, you cannot make a copy of a program from one format to another.  If you wish to do so, you need to obtain permission from the copyright owner.

Can I copy CDs or DVDs?
No, you cannot make a copy of a CD or DVD that you have borrowed or purchased.  If you wish to do so, you need to obtain permission from the copyright owner.

Some useful links
Australian Copyright Council
http://www.copyright.org.au

Copyright Kitchen
http://copyrightkitchen.flexiblelearning.net.au/main.php

Copyright Agency Limited
http://www.copyright.com.au/

Australian Government – IP Australia
http://www.ipaustralia.gov.au/ip/copyright.shtml

 

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