For copyright owners
This page contains information for owners of copyright material in Australia.
How to get copyright protection
Copyright protection is free and automatic in Australia. There is no formal registration system or specific documentation to prove that you are the creator and owner. Some websites offer copyright protection or to 'register' copyright for a fee. These websites have no authority to guarantee copyright protection in Australia.
There is no legal requirement to place a copyright notice or the © mark on protected works, but it is sound practice to do so to notify users of the existence of copyright and to help others identify the copyright owner when seeking permission for use.
Rights of a copyright owner
The Copyright Act 1968 (Cth) gives copyright owners a number of exclusive economic rights. These rights vary depending on the type of subject matter. Generally, a copyright owner has the right to do the following things with their material:
- reproduce it in a material form
- publish it
- publicly perform it
- communicate it to the public (that is, make it available online or electronically transmit it to the public, including by broadcasting).
The creator of the copyright material (or in some cases their employer) obtains these rights when the material is first created. They can also transfer it to others, for example by selling or assigning the right.
The Copyright Act also gives authors and performers certain non-economic rights known as moral rights. These are the rights:
- to attribution of authorship and performance of their material
- against false attribution of authorship and performance
- of integrity of authorship and performance.
Moral rights apply to all creators of literary, dramatic, musical and artistic works, film-makers (producers, directors and screenwriters) and to performers for their live performances and the sound recording of their performances, regardless of whether they own copyright in the material. Moral rights cannot be assigned or licensed to another person.
How to enforce copyright
If you are a copyright owner (or their authorised representative) and suspect that your copyright has been infringed, your options include directly approaching the person infringing copyright to seek redress, or seeking to enforce your rights in court. If the matter cannot be settled informally, you may wish to seek legal advice.
We do not play a role in enforcing copyright or investigating allegations of copyright infringement.
Buying, selling and licensing copyright in Australia
Copyright can be dealt with in the same way as other forms of personal property. It can be assigned, licensed (exclusively or non-exclusively), given away, sold, left after death (by will or otherwise) or passed on following bankruptcy. This does not apply to moral rights, which creators cannot transfer or assign.