Copyright, Design and Patents Act 1988 – protects the rights of the creators of literary, dramatic, musical, and artistic works, recordings and broadcasts. Copyrighted material can only be copied with the copyright owner’s permission, which includes books, music, photographs, drawings, diagrams, etc;
One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.
This case involves the possible infringement of intellectual property rights. In order to fully analyze the case, it is important to conduct an in-depth analysis of the Australian Intellectual
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.
2.3 Define the Establishment of a Copyright - Peoples have a right to make copies and other exploit musical artistic work and literary works. This law was established to be in effect after January 1, 1978 The product of someone is protected, even 70 years after the person’s death.
Copyright laws protect the original work of things like writers, drama (on TV, on stage etc.), music (by most artists, you can’t just copy someone’s song.), drawings (paints, digital photos etc.) Software is also protected under this act too.
COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of University of South Australia pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice
The origins of Australia and Singapore’s law of copyright are connected as both the laws first originated from the United Kingdom (UK). The first copyright statute, British Statute of Anne 1710 which was named after Queen Anne, was initially applied to the copying of books only. As the first modern copyright law, it recognized copyright as an author’s right, a major and important change in philosophy and in law. Registration of works in the Stationers’ Company register book was required of the owners of the rights as a condition of protection.
“This work is protected by copyright and the making of this copy was with the permission of Access Copyright. Any alteration of its content or further copying in any form whatsoever is strictly prohibited.”
Copyright provides artist the ability to protect their works recreation by others but the law lacks clarity of every possible dispute. The first amendment protects people’s freedom of speech and gives them ability to create anything. The problem surfaces when copyright overrides free speech and
The term ‘fair use’ is defined by Hudson as the use of copyright material without permission from the owner for purposes that are deemed fair. In the digital economy however, new challengers arise with ‘fair use’. These challenges are due to the complex and changing nature of the digital environment, and the need for the law to remain relevant, and be clear and broadly understood in the community. Secondly, the purpose of copyright law is to stimulate creation and learning by providing incentives to create and distribute. Therefore, it is important that reforms do not change the fundamental objectives of the copyright law. The ALRC has made recommendations outlining implementation of ‘fair use’ legislation in Australia, which is intended to outline the purpose and character of copyright material that may be used without permission from the owner. The purpose of the ALRC report is build a fair and reasonable legal guidelines where copyright material can be used fairly for purposes that may not infringe copyright.
An alternative emerging approach for licensing music, software, research paper and many other resources on the internet, creative common sharing copyright, is introduced.