What is copyright?
Copyright is a ‘bundle’ of legal rights that attach to creative works. In Australia, these are legislated by the Commonwealth Copyright Act 1968.
Copyright applies to “literary” and “artistic” works - such as newspaper articles, blog posts, photographs, letters. It also applies to other creative work, such as sound recordings, films and software.
Copyright is the right to reproduce the work, or to communicate or broadcast it to the public. Copyright also embodies the ability to control (and monetise) proliferation of creative content.
Infringement can occur when a reproduction occurs without the permission of the copyright owner.
Moral Rights
The author of a work also enjoys Moral Rights, which include the right to:
- be identified as the author of their work; and have their work treated fairly.
- Moral rights are personal to the author.
One of the exceptions is “fair dealing for the purpose of reporting news.” This allows a third party to reproduce a limited portion of a copyright work, if the third party is reporting news.
42 Fair dealing for purpose of reporting news
(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if:
(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or
(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.
What is “fair dealing” is not an exact science;
- The phrase is not expressly defined in the legislation.
- There are multiple considerations to whether the exception will apply, such as: .
- the length and substantiality of the content reproduced; whether the use is on a commercial basis; whether the copyright owner is likely to suffer loss or damage;
- whether there is an attribution of the original work and its author.
For instance, the ABC's Media Watch rightly acknowledged that The Daily Mail‘s alleged conduct falls into a legal grey-area. Without litigation, it is difficult to know whether the “fair dealing” exception applies to a particular instance.
Litigation is inherently expensive and time-consuming, when compared with the value of a single news article. This makes the pursuit of an alleged infringement problematic.
Moral rights
Moral rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or the copyright in the work. Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment.
- Moral rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or the copyright in the work.
- Moral rights concern the creator’s right to be properly attributed or credited
Introduction
Moral rights are personal rights contained in the Copyright Act 1968 that connect creators to their work. Moral rights exist in relation to artistic, literary, dramatic and musical works and films but not sound recordings. Some performers also have limited moral rights in certain live or recorded performances. This information sheet provides basic information on moral rights and their significance for creators and authors other than performers. For more information on performers’ rights see the Arts Law information sheet, Performers' rights.
Moral rights are distinct from the economic rights included in copyright. Thus an employed artist who does not own copyright in the visual artworks created as part of his employment nevertheless has moral rights in those artworks. A musician who has sold his copyright to a record label still has moral rights in his musical compositions.
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What are moral rights? ...................
Moral rights arise automatically under the Copyright Act. There are three types of moral rights:
- Right of attribution: this is the right of an author to be identified and named as the author of his/her work;
- Right against false attribution: this is the right of an author to stop someone else being credited as the author of their work; and
- Right of integrity: this is the right of an author to ensure that his/her work is not subjected to derogatory treatment which is any act in relation to the work that is in any manner harmful to the author's honour or reputation.
"(a) the doing, in relation to the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or
(b) an exhibition in public of the work that is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs; or
(c) the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation." ... Click here to read more
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About Us –The ACC
Who We Are
The Australian Copyright Council (ACC) is an independent, not-for-profit organisation dedicated to promoting understanding of copyright law and its application. It was established in 1968, the same year as the enactment of the Australian Copyright Act 1968 (Cth).
The ACC is recognised as the preeminent authority on Australian copyright law. A unique organisation:
- It is the only dedicated copyright expert organisation in Australia
- its focus is on copyright as it applies to all art forms .
- it provides advocacy, advice and information on copyright issues
- it represents the peak bodies for professional artists and content creators working in Australia's creative industries and,
- Australia's major copyright collecting societies through its affiliates, is a membership-based organisation, representing over a million creators
- it works to foster collaboration between content creators and consumers.
Supporting a creative Australia by promoting the benefit of copyright for the common good.
Our Values
We believe in the values copyright laws protect by:
- defending creators’ rights in their creative expression
- promoting a thriving, diverse, sustainable, creative Australian culture
- providing easy, accessible and affordable legal advice to the creative community
- balancing the interests of creators, consumers and service providers
Copyright effectively and efficiently enables this balance between protection and access.
What We Do
The ACC advocates for the contribution of creators to Australia’s culture and economy, the importance of copyright for the common good. We work to promote understanding of copyright law and its application, advocate for appropriate law reform and foster collaboration between content creators and consumers.
We provide easily accessible and affordable practical, user-friendly information, legal advice, education and forums on Australian copyright law for content creators and consumers.
An important part of the ACC charter is our advocacy and policy work. In consultation with our affiliate members, we draft submissions to government and other enquiries relating to copyright. You may find some of our submissions here.
Who We Help
The ACC provides information and assistance to creators and consumers of copyright material.
This includes: creators working in any medium,creator industry bodies and staff of:
o museums
o libraries
o galleries, and
o education institutions.
How We Help
The Australian Copyright Council is Australia’s leading copyright expert. We are here to help creators and consumers of copyright material, understand the benefits and responsibilities of copyright.
We provide books, fact sheets, training and advice to help answer everything from the most basic questions, through to legal opinions on proposed legislative changes.
Creators ... We can help you understand: your rights as a creator and how to protect them
- when those rights have been infringed
- what actions are open to you if your work has been infringed
Consumers ... why copyright is so important when you need to seek permission to use copyright material and how you go about getting permission.
As the expert body, we work hard to ensure that:
- both creators and consumers understand the rights and responsibilities of copyright
- copyright law and practice, continues to effectively and efficiently balance between protection and access
- we advocate for creators in proposed legal reforms, to ensure that their interests are not eroded.
- If you are a writer, photographer, artist, musician, film maker, website developer, social media specialist, publisher, teacher or librarian, we can provide you with the information you need to protect and use copyright material.
The Australian Copyright Council's board has up to nine directors. At each Annual General Meeting (in April), affiliated organisations elect a maximum of six directors. Each elected director must be a representative of an affiliated organisation and have been nominated by two other representatives of affiliated organisations.
Our Staff The ACC is run by a small team of staff, with a focus on legal expertise in copyright, supported by administrators with experience and interest in the Arts.
Our Affiliates The ACC’s affiliate members include the peak bodies for Australian writers, musicians, designers, photographers, visual artists, journalists, film makers and architects.
How We Are Funded
The Australian Copyright Council is assisted by the Australian Government through the Australia Council, its arts funding and advisory body.
We also acknowledge the contribution of the government of South Australia - Arts SA.
Our other revenue sources include our online and face to face seminars, publication sales and affiliate membership fees.
Constitution and Annual Reports You may download a copy of our Annual Reports from the last 5 years. A copy of our Constitution is also available.
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