COPYRIGHT:
Copyright protects “artistic works”, provided they are:
• not copied from something else; and
• recorded in “material form” (that is, in a form from which they could be reproduced: for example, by making a craft item, painting a picture, taking a photograph or making an artwork in digital form).
A wide range of things are included in the category of “artistic works”, including:
• drawings
• paintings
• sculptures
• photographs and
• craftworks (such as mosaics, tapestries, jewellery and woven art).
There is no registration procedure for copyright protection in Australia but the Copyright Act 1968 applies. Registration of original work is not required. An original artistic work is automatically protected as soon as it is created.
Permission:
If I want to reproduce, communicate or publish an artwork and I am not the copyright owner, I need permission UNLESS:
• copyright has expired and the item has entered the Public Domain
• one of the special exceptions to infringement applies.
Items have entered the “Public Domain” if:
• Works published prior to 1978 did not contain a valid copyright notice.
• Non-renewed copyright on work prior to 1968.
• Federal documents.
Exceptions: - Fair use:
It could be argued that reproduction of images on my Blog would be allowed by the Copyright Act under the Fair Use provision. There are three factors that are taken into account to determine fair use:
• Commercial nature or non-profit educational purposes.
• Preamble purposes
o Critism
o Coment
o News reports
o Teaching
o Scholarship
o Research
• Degree of Transformation:
Images on my Blog:
It could be argued that downloading of images are for non-profit and educational purposes and may also fall into one of the Preamble purposes (e.g. Research). However, the provisions only allow for one copy to be downloaded and posting to a Blog may be seen as making multiple copies therefore requires permission from the owner before posting.
In looking at the images I have reproduced on my Blog, some were obtained exclusively via the WebCT site and it may be presumed that copyright permission has been obtained via the University as it was implied that these images should be posted to our Blog, although this should be checked.
If I have reproduced any original images that are not in the public domain and published them on a Blog or Website then it would be prudent to ascertain whether they are protected by Copyright and seek permission to publish them. The permission may attract a fee or an acknowledgement of the image’s origin.
Curtin University Logo:
A logo is usually held to fall under Copyright protection if the artwork is consistently associated with, and regarded as being identified with a particular product or organization. Any “close” imitations with some changes may be a breach of the original artwork copyright if there is substantial association with the original.
Ownership of the Curtin University Logo Copyright License would be held by the creator unless the License was assigned as part of the commissioning agreement, to the University.
The University has the right to:
• Copy or reproduce the logo (including digital copies)
• Publish the work
• Communicate the work to the public (electronically, broadcast, email or fax, posting to its website).
The exceptions that may apply to reproducing artwork would not apply to the Curtin University Logo unless it was directed by the University as research or study in which case the appropriate permission would have been granted.
Passing Off:
If the Curtin University Logo is reproduced on my Blog, I may be regarded as benefiting from the established reputation of the University and using the logo to elevate the value of the material in the Blog or implying that the University endorses the content of the Blog. This is said to be “passing off” and is a breach of the Trade Practices Act 1974 or Sections of the fair trading laws.
Trademark:
The logo may also be a registered trade mark in which case an infringement will breach Copyright and Trade Mark rights Trade Marks Act 1995). It would be reasonable to assume that the logo could be a registered trademark as it is “inherently capable of distinguishing the traders’ goods or services”.
The Curtin University Logo would be protected by Copyright and it would be an infringement to reproduce the logo without the University’s permission.
Copyright protects “artistic works”, provided they are:
• not copied from something else; and
• recorded in “material form” (that is, in a form from which they could be reproduced: for example, by making a craft item, painting a picture, taking a photograph or making an artwork in digital form).
A wide range of things are included in the category of “artistic works”, including:
• drawings
• paintings
• sculptures
• photographs and
• craftworks (such as mosaics, tapestries, jewellery and woven art).
There is no registration procedure for copyright protection in Australia but the Copyright Act 1968 applies. Registration of original work is not required. An original artistic work is automatically protected as soon as it is created.
Permission:
If I want to reproduce, communicate or publish an artwork and I am not the copyright owner, I need permission UNLESS:
• copyright has expired and the item has entered the Public Domain
• one of the special exceptions to infringement applies.
Items have entered the “Public Domain” if:
• Works published prior to 1978 did not contain a valid copyright notice.
• Non-renewed copyright on work prior to 1968.
• Federal documents.
Exceptions: - Fair use:
It could be argued that reproduction of images on my Blog would be allowed by the Copyright Act under the Fair Use provision. There are three factors that are taken into account to determine fair use:
• Commercial nature or non-profit educational purposes.
• Preamble purposes
o Critism
o Coment
o News reports
o Teaching
o Scholarship
o Research
• Degree of Transformation:
Images on my Blog:
It could be argued that downloading of images are for non-profit and educational purposes and may also fall into one of the Preamble purposes (e.g. Research). However, the provisions only allow for one copy to be downloaded and posting to a Blog may be seen as making multiple copies therefore requires permission from the owner before posting.
In looking at the images I have reproduced on my Blog, some were obtained exclusively via the WebCT site and it may be presumed that copyright permission has been obtained via the University as it was implied that these images should be posted to our Blog, although this should be checked.
If I have reproduced any original images that are not in the public domain and published them on a Blog or Website then it would be prudent to ascertain whether they are protected by Copyright and seek permission to publish them. The permission may attract a fee or an acknowledgement of the image’s origin.
Curtin University Logo:
A logo is usually held to fall under Copyright protection if the artwork is consistently associated with, and regarded as being identified with a particular product or organization. Any “close” imitations with some changes may be a breach of the original artwork copyright if there is substantial association with the original.
Ownership of the Curtin University Logo Copyright License would be held by the creator unless the License was assigned as part of the commissioning agreement, to the University.
The University has the right to:
• Copy or reproduce the logo (including digital copies)
• Publish the work
• Communicate the work to the public (electronically, broadcast, email or fax, posting to its website).
The exceptions that may apply to reproducing artwork would not apply to the Curtin University Logo unless it was directed by the University as research or study in which case the appropriate permission would have been granted.
Passing Off:
If the Curtin University Logo is reproduced on my Blog, I may be regarded as benefiting from the established reputation of the University and using the logo to elevate the value of the material in the Blog or implying that the University endorses the content of the Blog. This is said to be “passing off” and is a breach of the Trade Practices Act 1974 or Sections of the fair trading laws.
Trademark:
The logo may also be a registered trade mark in which case an infringement will breach Copyright and Trade Mark rights Trade Marks Act 1995). It would be reasonable to assume that the logo could be a registered trademark as it is “inherently capable of distinguishing the traders’ goods or services”.
The Curtin University Logo would be protected by Copyright and it would be an infringement to reproduce the logo without the University’s permission.
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