Copyright issues

Post by **ADF-DaNi** » Wed Oct 25, 2006 1:05 pm

I was having a convo with my friend from England about copyright laws. What's the copyright laws in Australia?

Post by **ADF-Medic** » Wed Oct 25, 2006 6:43 pm

Here ya go Dani this may help.

Copyright in Australia
For an overview, see An Introduction to Copyright in Australia, from the Australian Copyright Council.

Under Australian Copyright Law, copyright protection is automatic, and no symbol is required. For Artistic works (such as paintings, drawings, cartoons, sculpture, craft work, photographs, maps and plans), copyright lasts from the time the material is created until 50 years after the year of the creator's death.

Copyright and ArtServe
We have done our best to ensure that materials on ArtServe are either out-of-copyright (see below), or with the copyright owned by Michael Greenhalgh (who waives it for educational use). To the best of our knowledge, there are no images on this server which contravene the provisions of Australian Copyright Law; and the rest of this document tries to explain and illustrate these.

If anyone believes that any images on ArtServe do indeed contravene copyright, then we should be grateful for having the matter drawn to our attention, and we will withdraw them immediately, if appropriate.

Copyright on Various Types of "Art Objects"
See generally the Information Sheet devoted to Copyright and Artworks. The following extracts are taken verbatim from Australian Copyright Council documents available on the Web:

For buildings: There is no need to seek permission to photograph a building. Although a building is protected by copyright, a special exception in the Copyright Act allows buildings to be photographed without permission.

For photographs: The period of protection varies according to the type of material. Photographs taken before 1 May 1969 are protected for 50 years from the end of the year they were taken. Photographs taken after 1 May 1969 are protected for 50 years from the year of first publication (that is, when copies are first made available to the public). Other works are generally protected until 50 years after the year of the author's death.

For images from books: Do I need permission to copy a photograph of an artistic work from a book?

There may be two copyrights: copyright in the artistic work (for example, a painting) and copyright in the photograph of the artistic work). You will generally need permission from the owner of copyright in the artistic work unless the copyright has expired. It is unlikely you need permission in relation to the photograph, if the photograph depicts nothing but the artistic work and is indistinguishable from other photographs of the same work. Otherwise, you will generally need permission from the owner of copyright in the photograph.

Scanning work: Do I need permission to scan & alter an image to create a new work?

Scanning an image to produce a digitised version will usually reproduce the image, and thus require permission (unless the copyright has expired). You will also generally need permission to produce a new image by altering the digitised image, if an important part of the first image is recognisable in the new image.

Galleries and Museums: Do I have to pay a fee to a gallery to copy a work in the gallery'?s collection?

In some cases, a gallery owns copyright in a work in its collection, and you need the gallery's permission to reproduce the work. In other cases, the copyright is owned by someone else, or has expired. In some cases, galleries charge an "access fee" to reproduce works in their collection, even if the gallery does not own copyright or the copyright has expired. If a gallery has requested a fee, you may need to check what the fee is for.

Art in a Public Place: Do I need permission to photograph or draw public art?
You may draw, paint, photograph or film a sculpture or work of artistic craftsmanship which is publicly displayed "other than temporarily" without permission. This does not apply to other public art, such as murals. You may, however, draw, paint, photograph or film a building without permission.

Artworks outside the "Fifty-Year Rule"
In order to clarify matters to do with works of art apparently out of copyright (i.e. produced well before the "fifty-year rule"), the following questions were put to Ian McDonald, Legal Officer, Australian Copyright Council, on 22nd November 1996. His answers are in italics immediately after the questions:

   * SCENARIO ONE: We digitize images of 18th-century and 19th-century two-dimensional artworks currently in Museum X or Gallery Y, from postcards or posters purchased from them:
         o May we publish the resultant digitized image? - yes;
         o May we charge people who want to copy it onto their own computers? - yes;
   * SCENARIO TWO: We wish to copy two-dimensional artworks from an illustrated book published in 1995. All the illustrations are photographs of originals, and all the originals are by artists who have been dead for over 50 years:
         o May we publish the resultant digitized image? - yes;
         o May we charge people who want to copy it onto their own computers? - yes;
   * SCENARIO THREE: We offer for sale copies of digital images which are out of copyright (according to the terms of your "Duration of Copyright Protection" (info sheet #23). We are able to charge for the sale of such copies? - yes.

Post by **ADF-DaNi** » Wed Oct 25, 2006 9:20 pm

wow thanks Medic!

Post by **dodgey** » Wed Oct 25, 2006 11:15 pm

I'm impressed m8 [smilie=halm[1].gif]  [smilie=laugh[2].gif]  [smilie=laugh[2].gif]

Post by **ADF-BUNGY** » Fri Oct 27, 2006 8:49 pm

Why do you ask Dani?

Good job Medic

Post by **Cage** » Sat Oct 28, 2006 1:00 am

Whoa nice one medic!

I'm gonna keep that handy...  [smilie=laugh[2].gif]

Post by **ADF-DaNi** » Sat Oct 28, 2006 6:07 am

We were arguing and i said that the copy right laws are diff here in America from the copy right laws in England. So he showed me the copy right laws in England and i was just wondering what was the copy right laws in Australia. Anyways .. i have another question ... if you take something from someone who had copy rights on it  who lived in a different country from you (and they are all different copy right laws) how would that work out?

Post by **Fridge** » Sat Oct 28, 2006 8:50 am

International Copyright would come into place assuming that country A has a treaty with Country B. The Copyright laws are probably set by a governing body such as the United Nations or the European Union. So I'd look up international Copyright law. http://www.un.org/law/ is probably a good place to start.

Edit
http://www.wipo.int/portal/index.html.en Go here.

Post by **ADF-BUNGY** » Sat Oct 28, 2006 8:57 pm

As it says in Medics reply, copyright is automatic for the originator of the item is common for most if not all countries (one exception is bumper stickers here in Oz anyway, they are singled out as not being covered).
I wouldn't think that just because someone is in another country would affect the copyright issue, my understanding is it is automatic (ie no paperwork to fill out)
It doesn't matter what country you are in.

Trademarks are a whole different breed of dinosaur....lots of paperwork and dollars to maintain......seperate applications for each country you want it to cover...I could go on and on...

But I won't

Post by **ADF-BUNGY** » Sat Oct 28, 2006 9:17 pm

Here are a couple of links

Copyright Australia http://www.copyright.org.au/

IP Australia (Patents & Trademarks) http://www.ipaustralia.gov.au/

In the US try these

Patents & Trademarks http://www.uspto.gov/

Copyright http://www.copyright.gov/

In the UK

Patents & Trademarks & Copyright http://www.patent.gov.uk/copy.htm

Here is a link to all the info sheets on Copyright Australia (in PDF format) should find what you are looking for  http://www.copyright.org.au/publications/infosheets.htm

Hope these are useful [smilie=flicks.gif]

Post by **Saphron** » Sun Oct 29, 2006 2:24 am

BORING! ZzZzZzZzZz =)

Post by **ADF-BUNGY** » Sun Oct 29, 2006 6:22 pm

only for you Saphron    :)

Post by **ADF-DaNi** » Sun Oct 29, 2006 11:47 pm

i find it pretty interesting ... i like learning bout diferent country laws and stuff ... please give me more! not just about copy right laws.

Post by **Saphron** » Sun Oct 29, 2006 11:59 pm

Oh Dear God!

Post by **ADF-Baby** » Mon Oct 30, 2006 6:02 am

OMG bungy what have you done?

Post by **MitcH** » Mon Oct 30, 2006 7:37 am

aaaaaaa!!!!!!!!! everybody run!!!whats happening?...i normally come on here to STOP learning  [smilie=jpshakehead.sml[1].gif] lol

Post by **Cage** » Mon Oct 30, 2006 8:21 pm

ADF-DaNi wrote:i find it pretty interesting ... i like learning bout diferent country laws and stuff ... please give me more! not just about copy right laws.

jeeez dani you sound like your looking into becoming a lawyer...  [smilie=vtffani[1].gif]  8O

thats EXTREME!!  [smilie=vtffani[1].gif]  [smilie=laugh[2].gif]

Post by **ADF-MOSES** » Mon Oct 30, 2006 8:25 pm

no Dani wants to find out about other countrys laws so when Dani goes to these other countrys she know what laws she has to abide by and try not to break them

Post by **ADF-BUNGY** » Fri Nov 03, 2006 9:42 am

Baby,
In my business, I have to deal with copyright and trademark issues everyday...so for me it is something I have to read up on.

I run a promotional products business (embroidery, digital printing, keyrings, stubby coolers etc). Maybe I could do a line of merchandise for ADF, sell it online and ADF receives a % of the profits

(ADF Caps, Tees, Polo etc) I am rambling now.
Anyway, I get people coming in every day wanting Ford or Holden or some other brand name on shirts, caps & bags etc...I have to tell them NO as they do not have permission.

Dani,
I will post a couple of other links in a new thread for you on Aus Law

Post by **dodgey** » Fri Nov 03, 2006 12:40 pm

One of our laws is that if you see a kangaroo on the road dead that you must stop and remove it from the road,  and take it home and eat it if you arent a vegie

 [smilie=laugh[2].gif]  [smilie=jpshakehead.sml[1].gif]

Post by **ADF-DaNi** » Fri Nov 03, 2006 2:13 pm

ADF-Mickey wrote:no Dani wants to find out about other countrys laws so when Dani goes to these other countrys she know what laws she has to abide by and try not to break them

It's like you can read my mind xD you're so smart! And thank you bungy!

Post by **ADF-Baby** » Fri Nov 03, 2006 7:42 pm

i heard about an interesting law from the UK a few years back. it was when they were going through the old laws to see if they are still aplicable and one was that if you are caught grafiting anti-monarchy "propaganda" on london bridge the penalty is deportation to australia

Post by **MitcH** » Fri Nov 03, 2006 7:46 pm

hahaha is that still true or have they changed it?