Copyright

Copyright - Griffith Hack

Copyright



Copyright is a bundle of rights that protect literary, dramatic, musical and artistic works, as well as sound recordings, films, photographs and multi-media work. These rights prevent unauthorised use of the work, whether by reproduction, performance, broadcast or otherwise.

Copyright is used extensively in the ICT industry to protect software, databases, images, manuals and other such works. More generally, all documentation created by a business is the subject of copyright.

Copyright arises automatically and, except where created by an employee, is owned by the author of that material. This is an issue with businesses that commission independent contractors to create material. Unless a written assignment of the copyright takes place, the independent contractor will own the copyright to that material.

Griffith Hack advises on all aspects of copyright, from ownership, exploitation and licensing to enforcement of copyright where potential for infringement exists.



Copyright / Designs Overlap



Copyright can be used to protect two-dimensional works (for example, a decorative print on the front of a t-shirt or a painting) and three-dimensional artistic works (for example, a sculpture). Copyright cannot be used to protect the shape of a three-dimensional work where it has that shape largely for functional purposes (for example, the shape of a yacht). A registered design is the appropriate form of protection in that situation.

This area of the law is complex and legal advice on this point of the law is imperative if you are seeking to protect the three-dimensional aspects of a product. Advice should be sought before the product is disclosed to the public, to ensure that any avenue of protection is not invalidated by such disclosure.


Please contact one of our listed people on the right for further advice.


Contacts

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Chris Sgourakis BSc LLB LLM Principal Melbourne | 03 9243 8300
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Robert Wulff BE (Hons) BSc FIPTA Principal & Engineering National Practice Group Leader Sydney | 02 9925 5900

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