Copyright is a right belonging to the owner or licensee of a literary, artistic or dramatic work, film or sound recording, to reproduce, perform or otherwise deal with the work.

The law of copyright in Australia is contained in the Copyright Act 1968 (Cth). This law is complex and people with copyright problems should seek legal advice. Despite this complexity there are a number of basic rules that provide a general understanding of the operation of the Act.

Australian law does not require registration of copyright. A work is automatically covered when it is created. In this sense it is very different to other forms of intellectual property like patents.

Copyright does not protect ideas or information. It protects the work of creators and the investment of producers in things such as novels, films, paintings and so forth. It is the work (the form of expression used by the creator) that is protected and not the underlying ideas or information.

Copyright refers to certain exclusive rights held by the owner of the copyright. These include the rights to reproduce, publish or communicate (including over the internet) a work. Copyright is property and can be bought and sold independently of the physical item. For example, a painter who sells a painting may retain ownership of copyright even though he or she no longer owns the canvas.

Breach of copyright

A person who makes an unauthorised use of copyright material infringes the copyright owner's rights and can be sued for monetary compensation (damages). However, certain uses are permitted without obtaining the owner's permission. See Acts that do not infringe copyright.

Recent changes to the Copyright Act

There have been a number of changes to the Copyright Act 1968 (Cth) over the years. These include:

Reforms relating to the US Free Trade Agreement included:

See US Free Trade Agreement Implementation Act 2004 (Cth) sch 9.

Further information about copyright can be found at the Australian Copyright Council and the Arts Law Centre.