Copyright A - what copyright protects
TOC \o "1-3" \h \z \u 5Copyright A - what copyright protects PAGEREF _Toc450755886 \h 1
5.1EXAM GUIDE PAGEREF _Toc450755887 \h 1
5.2Introduction PAGEREF _Toc450755888 \h 1
5.2.1SUMMARY PAGEREF _Toc450755889 \h 2
5.3Copyright protects the expression, not the object PAGEREF _Toc450755890 \h 2
5.4Copyright protects the expression, not the idea PAGEREF _Toc450755891 \h 2
5.5Copyright protects material produced by an author/maker PAGEREF _Toc450755892 \h 2
5.5.1Who is the author? PAGEREF _Toc450755893 \h 3
5.6Works PAGEREF _Toc450755894 \h 3
5.6.1What are works? PAGEREF _Toc450755895 \h 3
5.6.2Originality requirement PAGEREF _Toc450755896 \h 3
5.6.3Literary works PAGEREF _Toc450755897 \h 3
5.6.4Dramatic works PAGEREF _Toc450755898 \h 4
5.6.5Musical works PAGEREF _Toc450755899 \h 4
5.6.6Artistic works PAGEREF _Toc450755900 \h 4
5.7Subject matter other than works PAGEREF _Toc450755901 \h 7
5.7.1Sound recordings - s 85 onwards PAGEREF _Toc450755902 \h 7
5.7.2Cinematograph films PAGEREF _Toc450755903 \h 7
5.7.3Broadcasts PAGEREF _Toc450755904 \h 7
5.7.4Published editions of works PAGEREF _Toc450755905 \h 7

Is the material in question capable of copyright protection? (e.g. is it idea or expression, has it been reduced to material form? (s 22, s 10)
Is it a work? If so, what kind? (ss 32, 10)
Is it subject matter other than works? If so, what kind? (ss 89-92)
Is it original? (s 32)
Who owns copyright in it? (ss 35, 97-100, 78-83)
What actions does the copyright owner have exclusive rights to (re this type of material)? (ss 31, 85-88)
Have any of these actions been carried out by an unauthorised person?
(If there is a reproduction, is it direct or indirect? E.g. different dimensions, intermediate forms, s 21 etc.)
Have possibly infringing actions been carried out regarding a substantial part of the original material? (s 14)
Is there a causal connection between a reproduction etc. and the original?
Has there been an indirect infringement of the copyright (e.g. sale, importation, ss 102, 103, 36-39A)
Are any defences available? (eg fair dealing, ss 40-42 etc., 103A,B,C etc.)
What remedies would be sought? (s 115)
Has there been any infringement of the author's moral rights?
Have any criminal acts occurred?
Copyright rewards and promotes intellectual effort
Operates by giving exclusive rights
Protects expression

Copyright divided between:
Works; and
Subject matter other than works

What is copyright legally? s 196
Copyright is personal property
Is transmissible by assignment, by will and by devolution by operation of law.

Does copyright create a monopoly?
In a sense, yes. Rationale is to incentivise creation through exclusive rights. However copyright distinguished from other IP because it is not a ‘true' monopoly. That means that you may not be protected by someone else by chance hitting on the same form of expression. This creates the necessity for a causal link between the original material and the alleged material.

The importance of material form and copies
s 22 - work not considered to be made for copyright purposes unless reduced to writing or some other material form.

What is a material form? S 10
Any form (whether visible or not) of storage of the work or adaptation, or a substantial part of the work or adaptation.

How does a work come under the Australian act?
Aust copyright law does not apply unless work connected with Australia.
Depends on nationality/residence of author.
Or on the place where the work was published.
On exam assume connected with Australia.
Is it copyright subject matter?
If so, what kind?
If it is a ‘work' - Is it ‘original'?
Can it be described as ‘expression'?
Has the expression involved intellectual input by an author?
Is it in material form?
Copyright protects the expression, not the object
Pacific Labs v Federal Commissioner of Taxation
How did the case arise?
Dispute whether the reproduction of prints owned by a third party, for that third part was an act sale which could incur sales tax. Pacific Film argued that as it had no property rights in the prints, it was not selling anything to the customer which might be taxed.

Who won?
The Commissioner of Taxation
Property in a chattel may be in one person and the copyright in another.

What was the position regarding copyright in the negative?
Copyright is not a right in an existing thing - it is a negative right - a power to prevent the making of a physical thing by copying.

What is the consequence of the owner of copyright having the sole right to reproduce a photograph and to authorise its reproduction?
The copyright holder is the owner of unauthorised reproductions

Copyright protects the expression, not the idea
No copyright in ideas.