Copyright - Frequently Asked Questions

What is copyright?
Copyright is a type of legal protection for certain categories of material, including writing, visual images, music and moving images. Copyright protection gives the copyright owner the right to control certain uses of such material, including reproduction and electronic communication to the public. Usually, the copyright owner is the only one entitled to use the material in these ways, and anyone else who does so without permission will infringe copyright. For detailed information about what is protected by copyright and copyright owner's rights, visit the Australian Copyright Council's website for their information sheet: Copyright in Australia: an introduction.

Is there a registration system for copyright?
In Australia, copyright protection is free and automatic; there is no registration system. Prior to 1 May 1969 (when the current Copyright Act came into force), there was a voluntary copyright registration system in Australia. Records relating to registration are now held by the Australian Archives.

What is the purpose of the copyright symbol and a "copyright notice"?
A "copyright notice" is the symbol © with the name of the copyright owner and the year of first publication – you see it on the imprint page of books and on some other material. The copyright notice notifies people that the work is protected by copyright, and who the owner of copyright is. A work does not have to have the copyright notice on it to be protected.
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How long does copyright last?
This varies according to the type of material. In most cases, copyright lasts from the time the material is created until 70 years after the end of the year the creator dies. For more information, visit the Australian Copyright Council's website for their information sheet: Duration of copyright.

How can I find out if a work is in the public domain?
Generally, if you want to know whether a work is in the "public domain" (that is, that its copyright protection has expired), you will need to find out certain information such as who the author was, when the author died and whether the work was first published during the author’s lifetime. There is no list or directory of works that are in the public domain. For more information, visit the Australian Copyright Council's website for their information sheet: Duration of copyright.

If copyright in a work has expired, can you revive copyright by republishing it?
Once copyright in a work has expired, it cannot be revived (for example, by subsequent publication). A publisher who publishes a "public domain" work (such as a work of Shakespeare) will own copyright in the typographical arrangement (and therefore be able to prevent another publisher making an exact copy of that typesetting or typographical arrangement). However, the copyright in Shakespeare’s work itself is not revived by republishing; anyone can still reproduce all or parts of it.
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What are the penalties for copyright infringement?
The copyright owner generally has the right to bring an action against someone who infringes their copyright, and they can recover damages or an account of profits. Damages is a sum of money intended to compensate the copyright owner for money lost, or spent, in respect of the infringement and will vary with the circumstances. An account of profits is the profit made by the infringer in selling the infringing copies.

In some circumstances infringement of copyright is a criminal offence and fines and jail terms may apply. The criminal provisions generally apply to commercial piracy of books, CDs, videos and computer software.
For more information, visit the Australian Copyright Council's website for their information sheet: Infringement: actions, remedies, offences and penalties.

Can I quote from a work without permission?
You will usually need permission to quote from a work if the quote forms a "substantial" part of the source work. A part will generally be "substantial" if it is an important, distinctive or recognisable part. The quality of the part is more important than the quantity or proportion. The part may be a small proportion of the whole work, particularly if it has resulted from a high degree of skill and labour. The purpose of the use may also be relevant; if you are using the part for a commercial purpose or to include in a competing work, it is more likely you will need permission.

It is permissible to quote for the purposes of research or study and criticism or review without permission, provided the use of the work is "fair" in the circumstances. For more information, visit the Australian Copyright Council's website for their information sheet: Quotes & extracts: copyright obligations.
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If I use only 10% of a work, do I infringe copyright?
There is no standard percentage or proportion of a work or number of words that can be used without infringing copyright. In every case it is a question of whether an important, rather than a large, part of the work has been reproduced. Clearly, the number of words or proportion of a work which constitutes an important part will differ in every case.

Copying 10% of certain works is permissible for individuals for the purposes of research or study and by educational institutions for educational purposes. For more information, visit the Australian Copyright Council's website for their information sheet: Copying for research and study and Education institutions: an introduction to copyright .

If I use it for an educational purpose, do I need permission?
There is no special exception which allows you to use a work without permission just because it is used for an educational purpose. There are, however, special provisions in the Copyright Act that allow "educational institutions" to copy from books, journals and other material provided they pay licence fees to Copyright Agency Limited (CAL), a copyright collecting society that represents publishers and authors. The term "educational institution" is defined in the Copyright Act to include primary, secondary and tertiary institutions. Educational institutions are usually limited to copying 10% of published works in print. For more information, visit the Australian Copyright Council's website for their information sheet: Copying for research and study and Education institutions: an introduction to copyright .
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If I use another person’s work for a non-profit purpose, do I need permission?
There is no special exception which allows you to use copyright material without permission just because it is used for a non-profit purpose. The copyright owner may give permission for a low fee, or no fee, if the use is non-profit, but you still need to get the permission.

Can I avoid infringement by paraphrasing?
You do not infringe copyright if you write something new based on information or ideas you have learned from the works of others, provided the way you express the information and ideas is your own. In some cases, however, you may infringe copyright if you paraphrase another person’s work, closely following their structuring of the information or ideas. This is because, as well as the words used, the structure and order in which the information or ideas are set out are part of the other person’s expression of that information and those ideas.

Can material on the Internet be copied freely?
Not necessarily. Material on the Internet is protected by copyright in the same way as material in other forms. In some circumstances the material may be accompanied by an express permission to do certain things with it, such as downloading and printing. In other situations, permission to use material may be implied by the way it is presented. Before you make copyright uses of material on the Internet you should make sure that you have permission from the copyright owner. For more information, visit the Australian Copyright Council's website for their information sheet: Internet Copy .
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Does "fair dealing" apply to material on the Internet?
In principle, yes. In each case, the use must genuinely be for research or study or one of the other purposes listed in the Copyright Act and must also be fair. A use which has a detrimental effect on the copyright owner’s market is unlikely to be fair.

What if I cannot find the copyright owner?
There is no provision in the Copyright Act which allows you to use copyright material after you have tried, but failed, to find the copyright owner. In some cases, publishers and others make a commercial decision to use material after they have tried, but failed, to find the copyright owner. They weigh the risks of a copyright owner bringing an infringement action against the benefits to them of reproducing the work. A publisher in this situation will sometimes include what is referred to as a "good faith notice" which states that the publisher tried to find the copyright owner, and that they are willing to pay the copyright owner a reasonable fee. However, such a note does not provide a legal defence to infringement.
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What if the copyright owner is dead or has gone out of business?
After a copyright owner’s death, copyright will usually be inherited by the owner’s spouse or children. You may be able to check this if you can get a copy of the author’s will (in Australia, contact the Probate Division of the Supreme Court in the State where the author died). If copyright was owned by an Australian company which has gone out of business, you may be able to get information about what happened to the company’s assets (which include copyrights) from the Australian Securities and Investments Commission.

What sort of information should go in a letter to a publisher requesting permission to include copyright material in another publication?
There is no standard or required format for requesting permission to use copyright material. However, a request should preferably provide the publisher with as much detail as possible, such as:

• title and author (and ISBN if possible) of the publication from which you want to take the material;
• a description of the material you want to use, for example by reference to page numbers;
• the approximate number of words (if prose) or line count (if poetry);
• the proposed title of your publication;
• the format of publication (hardback or paperback, for example);
• the territory of publication and distribution of your book;
• the print run and proposed retail price of the publication;
• the method of reproduction, for example, off-set printing; and
• your contact details.

Will I have to pay royalties for the use of text?
It is a matter for the copyright owner, or the owner’s representative, to decide whether you will need to pay for permission. A copyright owner is generally entitled to charge a fee for his or her permission and may set his or her own price and conditions. Generally, if the text is being used for a commercial purpose, it is likely that the copyright owner will require a royalty or a one-off fee. For non-profit uses, some copyright owners may be prepared to allow the free use of the material or charge only a low fee, but this is entirely up to them and they may very well have good commercial reasons to refuse you permission or charge you commercial rates.
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Are there standard rates for using text?
Many Australian book publishers use the anthology rates recommended by the Australian Society of Authors. When deciding what to charge, copyright owners will generally take into account the rights granted, the length of time for which they are granted, the number of copies being reproduced and whether any charge is being made for the copies.

Is plagiarism the same as copyright infringement?
Plagiarism generally means taking and using another person’s ideas, writing or inventions as your own. Plagiarism is not a legal term, and not all acts of plagiarism are necessarily infringements of copyright. A student or academic may breach the ethical standards expected of them by presenting someone else’s ideas as his or her own, but he or she might not infringe copyright if the other person’s ideas are expressed in a new way. Generally, academic practice requires that acknowledgment be made of other people’s research and ideas.
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What are moral rights?
"Moral rights" are rights relating to a creator’s reputation in connection with his or her work. They are additional to, and separate from, the "economic rights" associated with the work, such as the right to reproduce the work.
Creators are entitled to take legal action if:

• they are not attributed or credited for their work;
• their work is falsely attributed to someone else; or
• their work is treated in a derogatory way – for example, by distorting it or modifying it.

For more information, visit the Australian Copyright Council's website for their information sheet: Moral rights.

Copyright Links:

Australian Copyright Council:  www.copyright.org.au
Copyright Agency Limited:  www.copyright.com.au