Copyright overview

When does copyright apply?

Copyright applies automatically as soon as a work is created that is:

• original (authored)
• in a material form (captured on media)
• capable of being categorised in one of the protected material types listed below.

Copyright does not generally protect ideas, concepts, facts, methods or names.

Protected material types

Some items consist of multiple copyrights. For example, a vinyl record with a cover and inserts might include literary, artistic and musical works, as well as sound recordings and a published edition.

Protected rights

Economic rights

Copyright doesn’t just protect against copying; there is a bundle of exclusive rights for each type of material.

The copyright in literary works (text), for example, includes the exclusive right for the owner to:

• copy/reproduce – photocopy, scan, download, record, etc.
• communicate – make it available online or send electronically
• perform – cause it to be seen or heard in public
• publish – make it available to the public for the first time
• adapt – make certain derivative works, such as translation or drama.

Economic rights can be assigned or licensed, usually for financial gain.

Moral rights

Moral rights are the personal rights of individual authors to ensure their ongoing connection to works that they create. As such, they cannot be assigned or licensed.

Moral rights in the Copyright Act include the:

• right of attribution – to be acknowledged as the author
• right against false attribution – crediting someone who was not the author of the work, or crediting the author for an unauthorised version of their work
• right of integrity – prohibits derogatory treatment, mutilation or alteration of their work.

While moral rights technically expire along with the copyright, it is common practice to continue observing these rights.

Indigenous Cultural and Intellectual Property (ICIP)

ICIP protocols guide the use of Indigenous cultural material, with particular emphasis on early and ongoing engagement and consent from the relevant communities.

Further to copyright, ICIP protocols cover a range of items that may not be protected under other IP frameworks including:

• literary, artistic, musical and dramatic works (also protected under copyright)
• documentation of Indigenous heritage (also protected under copyright)
• tangible cultural property (e.g. sacred sites, traditional crafts and tools)
• intangible cultural property (e.g. traditional knowledge, languages, oral stories)
• ancestral remains and genetic material.

Indigenous peoples may exercise the following rights in relation to these types of materials:

• own and control their ICIP
• ensure that any means of protecting ICIP is based on the principle of self-determination
• be recognised as the primary guardians and interpreters of their cultures
• authorise or refuse to authorise the commercial use of ICIP according to Indigenous customary laws
• maintain the secrecy of Indigenous knowledge and other cultural practices
• guard the cultural integrity of their ICIP
• be given full and proper attribution for sharing their cultural heritage
• control the recording of cultural customs and expressions and the particular language which may be intrinsic to cultural identity, knowledge, skill and teaching of culture.

ICIP considerations are reflected in the following University policies:

• Research Authorship and Outputs Policy
• Research Data Management Policy
• Research Human Ethics Procedure
• Naming Rights Policy

Further resources

• Terri Janke and Company: Rights to Culture: Indigenous Cultural and Intellectual Property (ICIP), Copyright and Protocols
• Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS): AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research

Copyright duration

The exclusive rights under copyright expire after a specified period.

Copyright durations can be broadly summarised as follows. However, there are numerous exceptions depending on the type of material and other factors, such as the publication date.

In Australia, copyright has also expired for photographs made before 1955.

For specific copyright durations by material type, refer to the Attorney General’s Department's Duration of Copyright table.