Protected Subject Matter, Exclusive Rights and Infringement
Australian copyright law has been influenced significantly by the structure of English law, in addition to the Berne Convention and other international copyright treaties. Thus there is an exhaustive set of types of material protected, and an exhaustive set of exclusive rights.
In terms of the types of material, Australian law confers rights in works, also known as "Part III Works" (after the Part of the Act dealing with this): namely, literary works, musical works, artistic works, and dramatic works. It also confers rights in "other subject matter" (Part IV Subject Matter), which cover the kinds of material protected in some countries by 'neighbouring rights': sound recordings, films, broadcasts, and published editions. To be protected, material must fall into one of these exclusive categories. The rights in Part IV subject matters are more limited, because infringement requires exact copying of the actual subject matter (sound-alikes or remakes are not covered).
In terms of the exclusive rights, different kinds of subject matter have different rights. Owners of copyright in works have rights to reproduce, publish (meaning publish for the first time), perform, and adapt the work, and communicate it to the public (including broadcast, or communicate by making available online). The rights of owners of copyright in artistic works are more limited (there is no right to control public display of artistic works). Owners of copyright in other subject matter have the exclusive right to make copies, to communicate them to the public, and to cause them to be heard/seen in public.
Infringement occurs where a person does an act falling within the copyright owner's exclusive rights, without the authorisation of the copyright owner (assuming that one of the exceptions does not apply).
Read more about this topic: Copyright Law Of Australia
Famous quotes containing the words protected, subject, exclusive, rights and/or infringement:
“Wasn’t marriage, like life, unstimulating and unprofitable and somewhat empty when too well ordered and protected and guarded. Wasn’t it finer, more splendid, more nourishing, when it was, like life itself, a mixture of the sordid and the magnificent; of mud and stars; of earth and flowers; of love and hate and laughter and tears and ugliness and beauty and hurt?”
—Edna Ferber (1887–1968)
“I have always hated biography, and more especially, autobiography. If biography, the writer invariably finds it necessary to plaster the subject with praises, flattery and adulation and to invest him with all the Christian graces. If autobiography, the same plan is followed, but the writer apologizes for it.”
—Carolyn Wells (1862–1942)
“Just as men must give up economic control when their wives share the responsibility for the family’s financial well-being, women must give up exclusive parental control when their husbands assume more responsibility for child care.”
—Augustus Y. Napier (20th century)
“It seemed like this was one big Prozac nation, one big mess of malaise. Perhaps the next time half a million people gather for a protest march on the White House green it will not be for abortion rights or gay liberation, but because we’re all so bummed out.”
—Elizabeth Wurtzel, U.S. author. Prozac Nation: Young and Depressed in America, p. 298, Houghton Mifflin (1994)
“The life of a good man will hardly improve us more than the life of a freebooter, for the inevitable laws appear as plainly in the infringement as in the observance, and our lives are sustained by a nearly equal expense of virtue of some kind. The decaying tree, while yet it lives, demands sun, wind, and rain no less than the green one. It secretes sap and performs the functions of health. If we choose, we may study the alburnum only. The gnarled stump has as tender a bud as the sapling.”
—Henry David Thoreau (1817–1862)