Copyright And Copyright In Australia

To answer this, Copyright Law must be understood. Copyright Laws protect intellectual property, and ownership rights. Artists can control their content by selling, leasing it or giving it away. Artists can grant permission for their work and have the freedom to charge. It encourages creativity, and protects the creativity by keeping it exclusive to the creator which allows profit. Mass media embodies the Copyright content,

The law must come to terms with the difference between artistic intent and economic intent. Artistic freedom is more important for the health of society than the supplemental and extraneous incomes derived from private copyright fees. They create art of police and control, since no matter how the original intent of the copyright laws are, today, they are subverted to censor resented works that suppress the public’s need to reuse and reshape

This is important to protect a creator 's moral and economic rights and integrity of their work: So they are recognised as the creator of their work (no one else is identified as the creator) able to protect their work from derogatory treatment; inappropriate modification, distortion or other interference with its integrity. Appropriation is not copying or visual plagiarism.

The creators of works protected by copyright, and their successors (generally referred to as “right holders”), have certain basic rights under copyright law. They hold the exclusive right to use or authorize others to use the work on agreed terms. The right holder of a work can authorize or prohibit: its reproduction in all forms, including print form and sound recording, its public performance and communication to the public, its broadcasting, its translation into other languages, and its adaptation, such as from a novel to a screenplay for a film. Similar rights that the right holders may hold are: fixation (recording) and reproduction are granted under related rights. Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful disseminations (for example, publications, sound recordings and films). Hence, creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work). The economic rights relating to copyrights are of limited duration as provided for in the relevant World Intellectual Property Organization (WIPO) treaties beginning with the creation and fixation of the work, and lasting for at least 50 years after the creator’s death. National laws may establish longer terms

Films, artworks, diagrams and DVDs also can apply through fair dealing but the amount of how much the resources we can copy are based on the copyright Act.

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

The purpose of the copyright system has always been to promote creativity in society and protect the creators’ interests. In applying copyright laws to any creation, three basic guidelines apply. First is the fair return for a creators labor, second is “Fair Use” of the creators’ labor and finally the Progress of Science and useful Arts to further the public good. The application of these three guidelines in litigation for A&M Records, Inc. v. Napster, found that the rights of reproduction, and distribution had been violated, in effect upholding the copyrights of nineteen different music companies represented under A&M Records name, this ruling had protected the music industries interests. However it would seem that the publishing industry would not be so lucky, litigation in Authors’ Guild vs. Google ruled that Google’s actions constituted fair use. Under these two scenarios’ the copyright laws’ have, effectively, protected the rights of music artists’, protected the public’s right to “fair use” and sparked new opportunities for creative growth. However, lawmakers continue to struggle to define copyright boundaries between the public’s right of use and the creators right to profit from their efforts.

1: A copyright is a form of protection given to authors or creators of “original works of authorship” including literary, dramatic, musical, artistic and other intellectual works.

Stuart P. Green law professor and member of the Criminal Law and Philosophy board indicates that an individual’s original work should be lawfully protected.

In 1909, the United States government passed a measure that would allow individuals to make a legal claim over their own intellectual property. Meaning that individuals who own intellectual property, which is considered works, are given exclusive rights to the materials they produce. Copyright law has been creates an environment that owners of the materials or works grant others who do not own that work permission to use it for their own needs (Copyright, n.d.). The intent of Title 17 the Copyright law, is that even though an owner has rights over their work, in some specific instance a non-owner may be able to copy, repeat, or use material that is not their own. This action is called fair use; which is found in Section 107 of Title 17.

It does not deal with credit being given, and its main purpose is for the common good. However in some school projects, students are required to cite the locations of the images they use. Copyright grants an artist exclusive rights over their work, but it does not always work in the favor of the artist or owner of the work. It is inevitable that someone would either use, repurpose, or steal an artwork, and it is not something that can be prevented. However, there are methods for an artist to use for their

I learned from John that if one has a copyright, that means they own the right to produce whatever is copyrighted. Further, that person has the right to create derivative works of the copyright and control who makes derivative works as well. An example of a derivative work would be when someone makes a movie based off of a novel. Also, the person with the copyright has the power to distribute copies, transfer ownership, and decide who can perform or display the work in public. John also explained that the ownership of a copyright lasts a total of seven years, and after that, a copyright without ownership is called a public domain. That means it is free to use in the public world.

A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This can include sound recordings, paintings, photographs, films, melodies, television, radio broadcasts, cable programs, performances, and even codes to computer programs (Legal Information Institute). Since copyrights cover several different types of materials, the duration varies depending on what work is being protected. According to the Copyright Act of 1976, musical, artistic, and literary works created after January 1, 1978 have copyrights that last 70 years after the author has passed away, 95 years after publication, or 120 years from creation, whichever expires first (United States Copyright Office, 2011). However, the published editions of these works have copyrights that last 25 years after being first published. Broadcast and cable programs, on the other hand, have a copyright duration of 50 years after being created

Copyright protection extends to expressions and not to ideas . Originality is the threshold standard of requirement of copyright. The case Walter v Lane [1900] AC 539 expounded the three essential elements (labour, skill and judgment ) of originality. The court adapted to sweat of brow test with no element of creativity require to make the work original. Copyright can be granted if a work is created through the effort of an individual despite the work containing statement of facts and no creative input by an author.

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.