1. What is copyright?
- Copyright allows artists to own rights that no-one else has in certain things.
- Copyright exists immediately. You do not need to register your artwork.
- © = copyright.
- Copyright protects 2 categories: works (literary, dramatic, artistic and musical works) and subject matter other than works (sound recordings, cinematograph films, television and sound broadcasts and published editions of works).
- Copyright does not protect ideas. It only protects original works that are made into material form by an Australian citizen or resident or resident of another country that is bound by the same international conventions as Australia.
- For example, if you share an idea with someone and that person copies your idea in a painting, then they are the owners of copyright in that painting and you are not.
- Even if you sell your work or other subject matter, you still own copyright.
- For example, if a buyer purchases your artwork from an art centre they can hang it on a wall, but they can’t change it or make copies of it.
2. Who owns copyright?
- Only a copyright owner can copy and use their work and permit other people to do these things.
- Copyright generally belongs to the person who made the work.
- But if you make art at work, your employer (e.g. the business owner or government) may own it. This means they can reuse your artwork many, many times without you agreeing to it.
- If you do not want your employer to own copyright, you have to meet with them. Together you can agree whether you own copyright or will share it with your employer.
- A person who asks you (artist) to take a photograph for a private or domestic purpose, to paint or draw a portrait, or to make an engraving, is the copyright owner of the work.
- To make sure that people know that you are the copyright owner of an artwork put ©, your name and the year that it was first available to the public on it, like this:
© I. Painter 2004
You do not have to do this. But it’s a good idea.
3. Dealing with copyright and proof of owner
- An artist can give away their copyright in a written document.
- If someone copies artwork without the copyright owner’s permission, this is referred to as an infringement of copyright. The copyright owner can take legal action to stop this. Court cases can be about an artist copying another artist’s work or a buyer copying artwork without the artist agreeing.
- If you think someone has copied your artwork without your permission, you should speak to a lawyer about the chances of success.
- Universities and schools are permitted to copy your work if it is to be used for an educational purpose but they must pay a fee.
- Always take photos or keep drawings of your artwork to show that you made it.
4. How long does copyright last?
- Copyright in an artwork lasts for the life of the artist plus another 70 years.
- After this time, your artwork enters the public domain. For example, if your artwork has entered the public domain and someone copies it without your permission, you cannot do anything about it as you are no longer the copyright owner.
- You can make a will that says who gets your artwork and the copyright in it.
Further Information
Australian Copyright Council Website: www.copyright.org.au
DISCLAIMER
This publication is intended as a guide to the law only. It is not legal advice and should not be used as a substitute for legal advice. Although all care has been taken in preparing this document, the Arts Law Centre of Australia does not guarantee the accuracy, adequacy or completeness of any information and is not responsible for any errors or damage suffered as a result of it being relied upon. Legal advice should be sought on the specific issues affecting you.
The law as at 6 January 2006. This information applies to people who live in, or are affected by the law as it applies in Australia.
The Arts Law Centre of Australia has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body and Copyright Agency Limited.
