Submitted by: Submitted by c1green
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Category: Business and Industry
Date Submitted: 08/20/2011 06:26 AM
COPYRIGHT
Enforced under the Copyright Act 1968 (Cth)
1. Does copyright exist?
Is it still valid?
2.1 Is there a work?
* Literary, Dramatic, Musical, Artistic.
Does the work contain layers?
2.2 Has the work been expressed; recorded in material form?
2.3 Is the work original?
* Result of skill, labour or effort.
2.4 Is there a connection to Australia- citizen or resident is adequate.
2. Has the Copyright been infringed?
3.5 Who is the Owner?
Author is the first owner- S35(2)- ownership can be modified by contract
Exceptions - Work produced in the course of employment (S35(6))
- Journalists- owners of the copyright only if they reproduce the work in a book or in the form of a hard copy. (S35(4))
- Commissioned works (S35(5)
Under employment- employer owns copyright.
Contract of Service- was the work made by the author in pursuance of the terms of the contract?
Freelance- Contract for service- you own copyright, unless contract says otherwise.
Except: photograph of a ‘private or domestic purpose’, paints or draws a portrait or makes engraving, the commissioning party owns copyright.
NB- author may stop the commissioner from using the photo etc for any other purpose.
3.6 Assessing Infringement
Direct Infringement- Reproduce the work in material form:
Is there objective similarity? Second work must closely resemble first- side by side visual; reading; listening
Is there causal connection? Between the first work and infringing work
Is the part taken substantial?
SUBSTANTIAL- (S14)
* Quality rather than quantity
* ‘Essentially the heart’ or ‘essential part’ of the work
Authorisation of Infringement
Given permission to infringe- Universal Music Australia Pty Ltd v Cooper (2005)
3. DEFENCES
Fair Dealing (statutory)
Make fair dealing with copyright materiel for one of the following:
* Research or study
* Criticism or review- making judgments
*...