Artists in Australia enjoy one of the world’s most robust copyright systems. If you create artwork, you typically have the exclusive right to use, publish, reproduce and distribute your works.
While Australia’s copyright legislation provides excellent protection, navigating the system and managing your claims can be challenging. Depending on your needs, you may also need other forms of intellectual property to keep your artworks and ideas secure.
In this article we will discuss how to copyright artwork in Australia, and whether your works require other forms of protection.
In Australia, artwork is protected by copyright from the moment it is created in material form. Copyright is automatic – there is no need to publish your art or register your copyright.
You can place a copyright symbol or notice on your artwork to signify that it is protected. The copyright symbol (©) is placed in a prominent position, along with the year the artwork was created.
An artwork may also include a written copyright notice. There is no set form of written notice, but it should state:
“This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of [the copyright owner, the year of copyright].”
Copyright protects both physical and electronic artworks. Electronic works can be further protected with digital rights management (DRM) information.
There is no requirement to attach a copyright symbol or notice to an artwork.
Copyright is a set of rights that belong to the creator of an artistic product (including digital works). As the copyright holder, you have the exclusive right to use, publish, sell, distribute and licence your intellectual property.
Copyright is free and exists automatically when you create an original artistic product in Australia.
Australia’s copyright laws are governed by the Copyright Act 1968.
Australia’s creative copyright law provides protection for a wide range of “artistic works.” This includes:
These works are eligible for copyright protection, regardless of the artistic quality of the work.
The Copyright Act further extends protection to “works of artistic craftsmanship” that don’t fall into the above categories. These works must satisfy an additional aesthetic appeal criteria, and they must be the work of a skilled craftsperson. This includes items such as handmade tapestries, jewellery and furniture.
As the copyright owner for an artwork, you are granted the exclusive right to use your artwork. Other parties require your permission to:
You also receive moral rights, including:
Seek legal advice if you think your copyright has been infringed. You will need professional support to enforce your copyright and prevent others from copying, selling or distributing your artwork without permission.
Copyright law applies to art and creative works that are published on the internet or social media.
There are two common exceptions to this rule:
Publishing your work online can make it challenging to protect your IP. Best practice is to include a copyright symbol and/or notice alongside your work, and consider alternative forms of protection (e.g. Design Rights, Trade Marks or Patents).
If you want to use art or a creative work you find online, you should contact the creator to request permission. Using a copyright artwork without the creator’s permission can open you up to civil liabilities, including damages.
Ensure that you comply with any valid requests to remove copyright material from your website or social media profiles.
Copyright typically lasts for 70 years following the death of the creator. This varies depending on when the work was made public, and whether the creator is known:
Once copyright expires, the work enters the public domain. This means it can be freely used or referenced by anyone without permission.
Logos and other artistic branding elements are protected by Australia’s copyright laws. However, businesses cannot rely on copyright alone to protect logos and other recognisable symbols.
Copyright protects the original expression of an artwork, not the ideas behind the artwork. A business’ logo often holds significant value in the form of customer recognition and brand equity. If your logo is unlawfully copied by a competitor, this can dilute your brand and harm your reputation, which may have significant financial implications.
While copyright prevents others from copying or distributing your logo without permission, you cannot use copyright to recover financial damage to your brand.
For this, your logos and recognisable branding need to be trade marked.
A trade mark protects your business’ unique branding, products and services. Registering your logo through a trade mark attorney grants you the right to deter others from using your trade mark, as well as to sell or licence the trade mark for others to use.
Unlike copyright, trade marks must be formally registered with IP Australia.
Australia’s copyright system provides automatic protection for artworks and other original creations. That’s excellent news for artists, but businesses still need to ensure their unique ideas are protected. For support with registering and managing trade marks, designs and patents, talk to the attorneys at Kings!
Kings is an independent intellectual property firm based in Brisbane that works with clients all over the country. Our attorneys are experts in all areas of copyright and intellectual property law. With a background in technology, mining, engineering, life sciences and more, we can provide the protection your business needs.
Whether you are protecting artworks, branding, products or inventions, we can develop a solution that supports your requirements. Contact us online to book a confidential consultation today!
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