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:
“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)
“To treat a “big” subject in the intensely summarized fashion demanded by an evening’s traffic of the stage when the evening, freely clipped at each end, is reduced to two hours and a half, is a feat of which the difficulty looms large.”
—Henry James (1843–1916)
“Everything can change, but not the language that we carry inside us, like a world more exclusive and final than one’s mother’s womb.”
—Italo Calvino (1923–1985)
“What men value in this world is not rights but privileges.”
—H.L. (Henry Lewis)
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”
—William Pitt, The Younger (1759–1806)