April 2009

This information is for general guidance only; it is not legal advice.

You can infringe copyright by using someone else's copyright material without their permission, unless there is a special exception for your use.

Using a part of a work can also infringe copyright if is an important part – it needn't need be a large part. Even if you change or add to what you use, you can infringe copyright if what you use an important, essential or distinctive part of the original material.

A person who infringes copyright can be sued by the copyright owner and taken to court. A court can order a range of things, including that the infringer pay compensation and pay the copyright owner's costs.

In some cases, a person who infringes copyright can be charged by the police, and can be ordered to pay a fine or, in serious cases, jailed.

Other activities prohibited by the Copyright Act

People can also be sued, or in some cases charged by the police, for doing the following, unless a special exception applies:

• authorising infringement (that is, endorsing or sanctioning someone else’s infringement – for example, by asking or encouraging them to infringe copyright, or by providing them with the means to infringe)
• importing certain types of items containing copyright material, such as feature films on DVD
• renting out CDs and computer programs
  
• selling infringing articles or certain unauthorised imports
  
• circumventing a mechanism that controls access to digital material, or decoding an encrypted broadcast
  
• selling, importing or manufacturing certain circumvention devices, circumvention services and decoders
• removing or altering rights management information in digital files
• failing to attribute (or falsely attributing) the creator of a work
• changing or doing something else with a work that damages the creator's reputation or is offensive to the creator
  
• recording or filming a live performance without the performers' consent 

Piracy

Infringement on a commercial scale – such as copying and distribution of counterfeit CDs, DVDs or software – is often referred to as "piracy". There are industry bodies that investigate reports of piracy, and assist police to prosecute infringers (see bottom of page).

More:

• Q&As on infringement of copyright
  
• Infringement: what can I do?
• Infringement: actions, remedies, offences, penalties
• Importing copyright items
• Renting copyright items
• Circumvention of technological protection measures (TPMs)
• Moral rights (attribution; changing and altering)
• Performers' rights
• BSA (Business Software Alliance) – to report software piracy
• AFACT (Australian Federation Against Copyright Theft) – to report audiovisual piracy
• MIPI (Music Industry Piracy Investigations) – to report music piracy
• ASTRA (Australian Subscription Television and Radio Association) – to report subscription television piracy
  

• other copyright topics