Copyright
Definition
Copyright is a form of intellectual property (IP) law that protects the owners of original works by granting them the exclusive rights to reproduce, distribute, publish, adapt, or publicly perform and display the work.
Copyright does not protect ideas or facts. Only an original fixed expression of an idea or fact is protected by copyright.
Purpose
Copyright law is intended to encourage creativity and reward creators by giving them the exclusive rights to economic benefits resulting from their work and by recognising their moral right to be respectfully acknowledged and rewarded for their intellectual property.
Application
Copyright applies to all original forms of creative expression, including books, journal articles, newspaper articles, dramatic works, webpages, artworks, photographs, music, videos, films, maps and computer code. Works must be created by a human and have some degree of originality and substance to be protected by copyright. Short phrases, such as newspaper headlines, lists such as telephone directories, facts and raw data, are not usually protected by copyright.
Copyright protection is automatic when an original work is produced in physical or digital form. Registration is not required in Australia.
Outputs from generative AI tools are not currently protected by copyright in Australia, however the extent to which AI outputs combined with human creativity can be protected has not been tested in Australian courts.
Copyright applies to all creative works even if there is no © symbol. Only the copyright owner has the right to copy, share, publish, adapt, perform or display a work. Others may do so only if a legal exception applies or if the owner has given permission or a licence.
Ownership
The creator of a work is usually the first owner of the copyright, however copyright ownership can be sold, bequeathed or assigned. Under employment contracts employers own the copyright of any work produced by their employees unless there is an alternative IP agreement.
Publishing agreements often default to the publisher being assigned or taking copyright, so while an author may be paid royalties, they will have no right to republish or distribute their work through other platforms or agents. Academic authors seldom receive royalties, yet copyright for their research articles is often assigned to journal publishers.
At Charles Sturt, copyright ownership of staff and student works is governed by the University Intellectual Property policy.
It is important to understand that the rights under copyright are divisible. For example an author can assign or licence the rights to reproduce, publish or perform a work while retaining the remaining rights to distribute or adapt a work. This allows different parties to hold and exercise different aspects of copyright in the same work.
Duration
The duration of copyright protection is dependent on the type of work and when or if it was published. Once copyright has expired, works move into the ‘public domain‘ and become free to use. Copyright duration varies by country so is it feasible for a work to be in the public domain in one country but not in another.
Duration of copyright in Australia depends on whether the work is literary, a sound recording, a film, a broadcast, a published edition or a government work AND on whether it was published or made public before or after 1955 or before or after 2019. Further details are in the Australian Copyright Council fact sheet INF023.
Exceptions and limitations
Copyright legislation aims to balance the rights of creators with the public’s right to access and use intellectual and creative material. To achieve this balance, copyright laws include exceptions that allow certain uses of works without permission. Exceptions differ by jurisdiction.
Fair dealing, (Australia, New Zealand, Canada, the United Kingdom, India) lists the specific purposes and conditions under which use is permitted. In Australia, fair dealing allows reproduction and communication of copyright material for:
- research or study;
- criticism or review;
- parody or satire;
- reporting the news;
- providing professional advice or for judicial proceedings;
- enabling access for a person with a disability.
In the United Kingdom, fair dealing also allows text and data mining for non-commercial research and some teaching purposes.
Fair use, in the United States, is broader and assessed according to four factors that consider how and why a work is used and its effect on the market. Decisions are based on case law rather than fixed purposes.
Statutory Licences
Statutory licences operate in a similar way to exceptions but differ in that use is not free. Under statutory licence schemes, copyright collecting societies gather licence fees from users and distribute payments to copyright owners.
In Australia, the Copyright Agency and Screenrights administer statutory licences that permit educational institutions to copy and communicate:
- text and images (Copyright Agency);
- television and radio broadcasts (Screenrights).
Limitations
For example
Fair dealing for research and study.
Students may copy one chapter or up to 10% of a textbook, or one journal article from an issue. The copy may be used only for individual study and must not be shared or published except within a closed assessment submission.
A higher degree research student cannot rely on fair dealing to include an illustration from a book in an open access thesis or published article.
Statutory licence for education.
Teaching staff may copy one chapter or up to 10% of a textbook to share with their class. Access must be restricted to enrolled students and not made publicly available.
A university lecturer cannot rely on the statutory licence to include a diagram from a commercial textbook in an open educational resource (OER).
Problems with copyright
Copyright legislation is intended to encourage creativity and to reward and protect creators; however, in some situations it exacerbates inequity and inhibits development. Copyright laws are complicated and can be difficult to interpret and enforce, especially in relation to the internet and the global economy, and rapid advances in technology often outpace the law.
- The internet is fundamentally built for sharing and distributing material globally. Copyright law restricts what can be legally copied and reused, yet piracy and unauthorised copying is common.
- Research publications and data are often locked behind expensive publisher paywalls, limiting access to individuals and institutions with extensive budgets.
- Copyright law, open access, and individual ownership and usage rights do not translate well in many cultures, where heritage, creativity, and access to knowledge are part of the community structure and lore.
- The duration of copyright protection limits access to cultural and educational materials. Works are protected for a long time even when creators cannot be contacted or identified.
- Copyright trolls aggressively pursue litigation over minor or questionable copyright infringements, often targeting individuals or small businesses.
- The introduction of Generative AI tools has further complicated many of the issues and introduced additional dilemmas.
Open Access licences were developed to address some of the issues associated with copyright laws and to provide more flexible and accessible options for both creators and users.
Watch Copyright & Creativity by CopyrightUser.org [YouTube 2:40 mins] CC BY 3.0
Copyright user: copyright & creativity video – text summary
- Introduction
The video opens with Isaac Newton’s famous quote: “If I have seen further, it is by standing on the shoulders of giants.” This idea illustrates how all new knowledge builds on past discoveries. Inspiration is essential, but when inspiration turns into direct copying, problems arise. - The Birth of Copyright
Copyright was created to prevent outright copying and to encourage the creation of original work. It emerged in England shortly after Newton’s time, following the invention of the printing press. The goal was to let authors control the reproduction of their books so they could earn a living and continue producing useful works. - Copyright and Creativity
Copyright seeks to balance protection and access, defending creativity while ensuring knowledge continues to spread. Over time, new technologies such as photography, phonographs, video recorders, and digital tools have made copying easier and more precise, challenging this balance. - The Digital Revolution
Since the 1970s, the digital era has accelerated change. Entire books can now be digitised and shared instantly through peer-to-peer networks. Traditional copyright laws struggle to adapt as audiences become both consumers and creators. - Evolving Laws and New Approaches
Lawmakers have mostly responded by extending copyright terms and tightening controls. This has led to paradoxes,for example, universities must pay publishers to access works written by their own staff. To meet new creative and user needs, more flexible licensing models have emerged, including copyleft and Creative Commons, which allow sharing and remixing under set conditions. - Conclusion
The video ends with a call to ensure that knowledge remains open and accessible. Creativity must be protected and shared in balance. To “see further,” society must continue to build on the ideas of others—standing on the shoulders of giants rather than locking knowledge away.
For more information about copyright law globally and in Australia see Copyright past and future [webpage].
Summary of key points
- Copyright owners have the exclusive right to reproduce, distribute, publish, adapt, or publicly perform and display a work.
- Copyright protection is automatic when a work is created.
- The creator of a work, or their employer, is the first owner of copyright.
- Copyright ownership can assigned to publishers.
- Rights under copyright are divisible.
- Exceptions allow for uses for certain purposes without permission from copyright owners. Usage limits apply.
- The statutory licence for education requires fees to be paid to collecting societies. Usage limits apply.
