Can I reproduce a web page in my magazine for the purpose of reviewing the site?

15/06/2008

You will not infringe copyright by reproducing material for the purposes of criticism or review, provided this is your real purpose, your use is fair, and you give “sufficient acknowledgment” of each work that you reproduce (for example, each image and each piece of text).

“Sufficient acknowledgment” means identifying the work by its title or description and – unless the author is anonymous, uses a pseudonym (pen name) or does not want to be identified – identifying the creator (for example, the writer of the text or the designer of the graphics).

Are personal letters the type of material we can publish under section 52?

20/07/2009

Yes.

Section 52 covers when and how you may publish previously unpublished items such as personal letters, old diaries, scripts, musical scores and artworks held in libraries and archives (including galleries and museums).

If we rely on section 52 to publish old unpublished material, who gets to own copyright in that material?

16/07/2009

Publishing something under section 52 does not change who owns copyright; copyright ownership will remain as it was (for example, with the heirs of the creator).

You will, however, own copyright in the relevant commentary or annotations that you publish with the old material. You will also own copyright in your “published edition” (that is, in the typesetting and layout of your publication).

Is the layout for a book, brochure or magazine protected by copyright?

3.6.2009

The typesetting and typographical arrangement of an entire book, brochure or magazine will be protected as a “published edition”. This is a narrow and short copyright (only lasting for 25 years), owned by the publisher.

It is not clear, however, whether the layout for a specific publication – or a general template for a layout – may also be protected as an “artistic work”. We are not aware of any Australian cases on this, and there are conflicting British cases. If a layout or template were protected, the first owner of this copyright would usually not be the publisher, but the relevant graphic artist or his or her employer.

Generally, a claim that a particular layout is protected by copyright as an artistic work is likely to have a greater chance of success in relation to a more elaborate layout (such as in a magazine) than in relation to the typical layout of a book. As always, the best way to deal with any possible conflicts over the downstream use of what you create for clients is to make sure your client agreement specifically addresses who will own rights, and what each party’s entitlements will be in relation to a layout or template.