Copyright and Copyright Notices

Copyright is a type of legal protection for people who express ideas and information in certain forms. The most common forms are writing, visual images, music and moving images.

Tell Me More?

Most of the content items incorporated in a web page are protected by copyright. For example:

• text (protected as a ‘literary work’);
• graphic icons (protected as ‘artistic works’);
• charts and tables of information;
• moving images may be protected as a ‘cinematograph film’;
• recorded sounds may be protected as a ‘sound recording’.

Multimedia elements likely to be eligible for copyright protection include:

• text (as a ‘literary work’);
• artwork (as an ‘artistic work’);
• moving images (provided they meet the definition of ‘cinematograph film’);
• recorded sounds (as a ‘sound recording’);
• computer programs.

Given the ease of access to different web sites and the ability to download and further reproduce and disseminate content, the right of reproduction is the right most regularly infringed by users of the internet.

The misconception that material on the internet is copyright-free may also contribute to copyright infringement.

If content is placed by a copyright owner on an internet site, the reasonable inference, unless otherwise expressed, is that users can access that content and download it. A copyright notice is therefore essential to advise users of their responsibilities.

Why Must I?

Copyright is an exclusive right granted by the Copyright Act 1968 to make copies of copyright material. This material includes books, music, plays, art, film broadcasts and software. With certain exceptions listed in the Act—fair dealing for the purposes of research, study, criticism, review, reporting news, etc. It is an infringement of copyright to reproduce material without permission.

How Do I?

• Copyright (Attorney-General's Department)

The Commonwealth Copyright Administration (CCA) is responsible for the management of copyright in published materials on behalf of Commonwealth agencies. The CCA:

• responds to requests from the public to reproduce Commonwealth copyright material
• provides administrative advice on the management of copyright materials to Commonwealth agencies.

Commonwealth copyright notice - internet template

© Commonwealth of Australia [add year of release of home page or electronic document]

This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca.

Using copyright material

Authors intending to use copyright material in their own publication—including Commonwealth of Australia copyright material—must seek prior permission from the copyright holder, and should not wait until close to the time of publishing, as it may take over a month to receive an answer. To avoid delays in the publishing schedule, permission should be sought as soon as the material has been identified and intended for use.

Legal issues about copyright

If there are restrictions on copying or use, make these clear.

Digital technology and its use in the distribution of information poses many challenges to the protection and enforcement of copyright. Of particular concern are the questions of liability for content which may infringe copyright, be defamatory or misleading.

It is advisable to obtain permission from the copyright owner of another site to link to that site. In addition, clarify for users what elements from another site have been authorised by the owner of copyright in that material. A disclaimer concerning information on linked sites may also be included on the home page.

Who Can Help?

For assistance contact:

• Copyright Law Branch (Attorney-General's Department)
• Commonwealth Copyright Administration (Attorney-General's Department)

What's Related?

• Freedom of Information (FOI)
• Privacy and Privacy Statements
• Intellectual Property
• Disclaimers