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: Australian Copyright Law
Famous quotes containing the words protected, subject, exclusive, rights and/or infringement:
“If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected—those, precisely, who need the laws’s protection most!—and listens to their testimony.”
—James Baldwin (1924–1987)
“You should never assume contempt for that which it is not very manifest that you have it in your power to possess, nor does a wit ever make a more contemptible figure than when, in attempting satire, he shows that he does not understand that which he would make the subject of his ridicule.”
—William Lamb Melbourne, 2nd Viscount (1779–1848)
“Many women are reluctant to allow men to enter their domain. They don’t want men to acquire skills in what has traditionally been their area of competence and one of their main sources of self-esteem. So while they complain about the male’s unwillingness to share in domestic duties, they continually push the male out when he moves too confidently into what has previously been their exclusive world.”
—Bettina Arndt (20th century)
“This is no war for domination or imperial aggrandisement or material gain.... It is a war ... to establish, on impregnable rocks, the rights of the individual and it is a war to establish and revive the stature of man.”
—Winston Churchill (1874–1965)
“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)