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COPYRIGHTS
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Webjade must be aware of and adhere to copyright issues. This also extends to all people with a web site. Anything that is written down or recorded is automatically copyrighted. There is no provision or requirements for registration under Australian law.
The following outline is only a brief guide and is believed to be true by Webjade. It is recommended that to be sure about any copyright issue you contact the Australian Copyright Council.
Websites: Creating & publishing on the internet.
- Before a web site is designed, there needs to be an agreement outlining who has ownership of the fnished product, including published material and the actual design of the web site (generally the look and feel of a web site cannot be copyrighted).
- It needs to be established who owns the copyright material being presented within the web site.
- It must be established who is responsible for clearance of copyright material.
- There are also responsiblities by ISP's if they are aware of infringment issues.
Graphic Designers
- In the first instance who ever designed the work owns the copyright.
- If however, the designer is an employee, then the employer owns the copyright unless an agreement has been made to the contrary.
- If the work has been commissioned, ownership is given to the designer and the client has a licence to use the design.
- In the majority of cases it is recommended that there be an agreement in place stating ownership and use.
Videos & DVDs: copying & downloading
- In Australia copyright for a video or DVD is automatic.
- If the video or DVD already exists you will need permission to use or copy the material or part of the material. This may cover
- script, screenplay, lyrics
- music, soundtrack, sound recordings
- moving images
- artworks
- titles
- photographs
- etc
- Different countries have varying copyright laws and what might be royalty free in one country may not be royalty free in Australia. Always check.
Broadband Content
- The Australian Copyright Council has excellent Information Sheets that can be accessed via the internet and it is recommended you read these.
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Newsletters & Copyright
- Names and titles usually do not have a copyright, however , you can obtain a trade mark.
- Ideas do not have a copyright.
Internet: Copying & downloading material
- Copyright protection is usually given to
- written material
- artists works
- musical works
- dramatic works
- computer programs
- databases and directories
- films
- sound recordings
- Always check for permission before using anything from another web site.
Music: use in Film and Multimedia
- This is complicated and is recommended you contact the Australian Copyright Council.
Music: copying MP3s, CDs & audio-cassettes
- There are no rights for peple to copy any recorded music without permission.
- When obtaining permission there are a number of areas to consider. Some are
- music
- arrangement
- lyrics
- recording method or performance
- etc
- To be sure contact Australian Copright Council.
Logos: Legal protection
- Some logo's can be protected by copyright in the form of "artistic works" and follows the same process as graphic designers.
- A logo can also have a Trade Mark, which is a formal method of registration. To register a trade mark go to IP Australia.
Names Titles and Slogans
- Geneally speaking a name, title (can be a book title or song title, etc) and slogan cannot have a copyright.
- A business or company name is registered and has rights associated with state and comonwealth laws.
- Other names can be protected by Trade Marks.
Parodies, Satires and Jokes
- There is no copyright for ideas behind a joke or satire. However, they can fall under literary and dramatic works, which are copyrighted.
- It is recommendended to obtain permission.
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Photographers & copyright
- Photographs have automatic copyright.
- There are different laws in respect to when the photograph was taken about ownership and whether they are commissioned works.
- It is recommended to contact Australian Copyright Council.
- There are are also laws covering where a photograph is taken. For example photographs taken in Commonwealth reserves should refer to Department of Environment and Heritage.
- It is adviced to obtain permission from a person you have photographed as this may infringe on other laws such as "privacy" issues or "model releases".
Photographs: copying photos you paid for
- The copyright owner has the right to make copies.
- There are property rights as opposed to copyright.
- It is recommended to contact Australian Copyright Council.
- Always have an agreement in place when having commissioned works.
Quotes & Extracts: copyright obligations
- There are certain situation where a quote or extract can be used
- Criticism or Review
- Research or Study
- Reporting News
- There are "morel rights" associated with other peoples work. Some are:
- Acknowledgement to author
- maintaining their reputation
- Please refer to Ausralian Copyright Council.
Copying for Research or Study
- On a general scale it is allowable to copy 10% or one chapter for research or study purposes.
- There are five factors to consider when reproducing copyright material for study or research purposes. These can be found at Autralian Copyright Council.
Training Materials: legal protection
- Content is protected by copyright laws.
- The concept, method or technique is not protected by copyright.
Competitions
- These are usually covered by other state or commonwealth laws.
- In terms of copyright and ownership it is recommended to have written Terms and Conditions to avoid possible confusion.
- Refer to Austalian Copyright Council for further details and confirmation.
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