Intellectual Property Questions

1. What is intellectual property and is it the same as copyright?

Intellectual property and copyright are similar, but not the same: intellectual property is something that results from original and creative thought and copyright is applied automatically to any materials created, though it does not protect ideas or information.

2. How would you register your design for copyright and how much would it cost?

Under Australian law, there is no registration of copyright. Copyright rights come into existence at the same time as someone creates something which is a type of material that copyright protects. There are no fees to pay for copyright protection.

3. I have an idea about a logo design, is it covered by copyright?

No. Copyright does not protect ideas, concepts, styles, techniques or information.

4. What is the name of the federal legislation covering copyright law in Australia?

Copyright Act 1968 (cth).

5. What does Copyright protect?

Textual material such as journal articles, novels and poems; computer programs; compilations such as directories and databases; artistic works such as paintings and drawings; dramatic works such as choreography and mime pieces; musical works (the music itself, separate from the lyrics and recording); cinematograph films; sound recordings; broadcasts; published editions.

6. What is the Copyright notice and its purpose?

The copyright notice is the symbol (the letter ‘c’ within a circle) followed by the name of the copyright owner and year of first publication. It does not need to be on something to ensure that it is protected by copyright in Australia or in most other countries, but it does remind people that the work may be protected. It also lets people know who is claiming copyright.

7. What evidence could you provide to a court to prove you’re the copyright owner of a logo you’ve designed?

You could provide concept sketches that you’ve created, or you can have somebody verify that the logo is yours if they have witnessed your design progress.

8. If an artwork appears in an Art Gallery, does the Gallery own copyright for that item?

No, the gallery does not own copyright. The Copyright Act states that the first owner of copyright is the creator of the work.

9. If I’m employed by a company as their in-house graphic designer, who would generally own the copyright?

The company generally owns the copyright, but you can get written permission to use your work for self-promotion.

10. If I’m working as a freelance Graphic Designer and create a logo for a company, who would generally own the copyright for the logo?

You would because you’re working for yourself.

11. How much of an artistic work can I safely use without infringing on copyright?

If you have taken a small part of an artistic work and then changed or added to it, it could still infringe on copyright and may not be allowed by the copyright owner without permission. Generally though, if it is not an important, essential or distinctive part of the artwork you’re using, you may be allowed to claim it as your own work.

12. If you’ve done everything in your power to identify the copyright owner but they won’t contact you back, is it ok to use the work without permission as long as you use a ‘good faith notice’ stating you were unable to contact them?

Using a ‘good faith notices’ or statement saying that you were unable to contact the copyright owner does not alter your legal liability for infringement.

13. Who is VISCOPY and what might they come in handy for?

VISCOPY is the visual arts copyright collecting society. VISCOPY can provide you with a licence to reproduce works of arts from Australia and overseas. They can also provide you with an artist’s details so you are able to get into contact with them yourself. VISCOPY would come in handy for publishing an artwork in a book or displaying a piece in a gallery or exhibition.

14. What are moral rights?

Moral rights are given to individual creators whether they own copyright or not. Moral rights give the creator rights to;

be attributed as the creator of their work; take action if their work is falsely attributed as being someone else’s work or is altered by someone else but attributed as if it were unaltered; and take action if their work is distorted or treated in a way that is prejudicial to their honour or reputation.

15. How would you go about obtaining copyright clearance for an artwork you want to use that you’ve found on the internet?

Clearing copyright is another name for obtaining a licence which grants you permission to use copyright material. This process is subject to conditions, such as a payment of a fee. The moral rights of the artist also need to be taken into account. You may need to obtain a written consent from the artist, separate from any arrangement with the copyright owner, if you want to do something with the artwork that will infringe the artist’s moral rights.

16. What is a Trademark and how do you register one?

A trademark can be a name or logo (and in some cases a colour, sound or smell) used as an identifier for a business or individual. To register a trademark you need to visit IP Australia (http://www.ipaustralia.gov.au).

17. What does a Patent protect?

A Patent protects inventions, including processes, methods and techniques.

18. Define Defamation.

Defamation is the false or unjustified injury of a person’s good reputation. The law of defamation protects people’s reputations, and concerns the way you speak about or refer to people and how you use their images.