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Q&As on what copyright protects

by admin last modified 2009-11-06 01:11
April 2009

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

First read:

  • copyright basics webpage
  • What copyright protects webpage
  • questionsanswermore
    qa
    How do the Copyright (International Protection) Regulations apply?At first blush, the Copyright Act itself only appears to apply to material created by Australians or by Australian companies, and to material that is first “published” in Australia. The Copyright (International Protection) Regulations, however, extend copyright protection to material that has a connection with other countries, provided those countries are members of the relevant international copyright treaties.

    These treaties include: the Berne Convention: the Rome Convention; the Universal Copyright Convention; the WIPO Copyright Treaty; and the WIPO Performances and Phonograms Treaty.

    The regulations also set out what happens where people have been using material from a non-member country and then that country signs up.

    In these cases, regulation 13 states that if someone has relied on the fact that the material wasn’t protected in Australia by incurring costs or liabilities (such as contractual obligations, for example), then they can continue to use the material without infringing copyright even after the relevant country’s material is protected under Australian law.
     QA0585
    I want to use something from a  country that only recently joined the international copyright conventions. Do I have to worry about copyright issues if I want to use something from that country that pre-dates when they signed these conventions?You treat the foreign material as if it were made or first published in Australia; if something from overseas is being used in Australia, Australian law applies, regardless of where or when the work was created.
     QA0578
    Are the Olympic rings and other Olympic artworks protected by copyright?
    Yes. Artwork (including logos) created for particular Olympic Games will be covered by copyright to the same extent as other artistic works.  In addition, special legislation covers the use of the Olympic rings, Olympic torch and flame designs and various words and combinations of words associated with the Olympic movement. Generally, you should contact the Australian Olympic Committee for information if you want, for example, to reproduce Olympic symbols, words or images.

    QA0057
    Are legal documents such as contracts and deeds protected by copyright?
    A legal document, such as a contract or a deed, will usually be protected by copyright as a "literary work".

    QA0219

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