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1. Copyright Overview

Copyright protects authors and creators from unauthorised reproduction or adaptation of

original creations such as books, computer programs, scripts, paintings, sculptures,

drawings, photographs, music, film, video, broadcasts and the choreography of aperformance. The copyright owner has the exclusive right to copy, publish, perform,

broadcast, adapt (for example, a screenplay from a novel, sell, license or import

copyright protected creations. Copyright is a type of intellectual property as it protects

the creative and inventive endeavours.

!ome useful links that contain general information about copyright protection include"

#ustralian Copyright Council$s %nformation !heetAn introduction to Copyright

in Australia&http"''www.copyright.org.au')*'%nfo!heets'+1.pdf- and

orld %ntellectual roperty /rganisation$sasic otions of Copyright and

6elated 6ights&

http"''www.wipo.org'copyright'en'activities'pdf'basic0notions.pdf.

1.1. Copyright in Australia

%n #ustralia copyright is chiefly protected by the Copyright Act 13 (Cth

(http"''www.austlii.edu.au'au'legis'cth'consol0act'ca13144' and its various

amendments.

%n 2 the #ct was amended by the Copyright Amendment )igital Agenda*Act 2

(http"''www.austlii.edu.au'au'legis'cth'consol0act'caaa225' which extended

copyright protection to the full range of digital media.

/ther relevant legislation includes"

Copyright Amendment )"arallel Importation* Act24 (Cth

(http"''www.austlii.edu.au'au'legis'cth'num0act'caia24521'

(% 7ree Trade Agreement ImplementationAct25 (Cth (6(%7TAI Act/

(http"''www.austlii.edu.au'au'legis'cth'consol0act'uftaia2544'

Copyright 0egislation Amendment#ct 25 (Cth

(http"''www.austlii.edu.au'au'legis'cth'num0act'claa25427'

#ustralia$s #8!*T# obligations in relations in relation to the circumvention of

technological protection measures have also been addressed by the Copyright

Amendment Act 2++(Cth

(http"''www.austlii.edu.au'au'legis'cth'num0act'caa2214'.

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http://www.copyright.org.au/PDF/InfoSheets/G010.pdfhttp://www.wipo.org/copyright/en/activities/pdf/basic_notions.pdfhttp://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133http://www.austlii.edu.au/au/legis/cth/consol_act/caaa2000294/http://www.austlii.edu.au/au/legis/cth/num_act/caia2003421/http://www.austlii.edu.au/au/legis/cth/consol_act/uftaia2004363/http://www.austlii.edu.au/au/legis/cth/num_act/claa2004325/http://www.austlii.edu.au/au/legis/cth/num_act/caa2006213/http://www.copyright.org.au/PDF/InfoSheets/G010.pdfhttp://www.wipo.org/copyright/en/activities/pdf/basic_notions.pdfhttp://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133http://www.austlii.edu.au/au/legis/cth/consol_act/caaa2000294/http://www.austlii.edu.au/au/legis/cth/num_act/caia2003421/http://www.austlii.edu.au/au/legis/cth/consol_act/uftaia2004363/http://www.austlii.edu.au/au/legis/cth/num_act/claa2004325/http://www.austlii.edu.au/au/legis/cth/num_act/caa2006213/

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1.2. Copyright and the Internet

%n the %nternet context"

typical web site content will generally constitute a number of different copyright

works in the form of original literature (including computer programs, dramatic,musical, artistic works, sound recordings, films, broadcasts, cable programs and

adaptations of the above (including compilations-

a copyright owner en9oys an exclusive right to reproduce or to authorise another

to reproduce, their work on to or from a website-

a copyright owner en9oys an exclusive right of communication to the public in

relation to literary, dramatic, musical, and artistic works and sound recordings,

films and broadcasts (s 41(1(a(iv Copyright Act. The right protects copyright

material that is made available online or transmitted electronically (eg uploading

of copyright material onto a server connected to the %nternet. The right only

covers communication in the electronic domain and does not create an exclusive

right of communication in the tangible print environment- and

copyright is unlikely to exist in a 8:; (see

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The period of copyright protection has been extended to A years in the

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1.5.3. Technical processes and temporary copies

Temporary reproduction of a work that occurs as part of a technical process of making

or receiving an electronic communication is not an infringement of copyright provided

the making of the communication is not an infringement of copyright. This exception

covers browsing and certain types of caching (for example, by a software browser on auser$s C (ss 54# and 111# Copyright Act. %t is unclear whether this exception applies

to hypertext linking, framing, or caching by a proxy server. :emedies in relation to

hypertext linking and framing may be available under trade practices legislation.

1.5.4. Computer software

Copies of computer software made in the normal course of running the program, for the

purposes of developing interoperable products, security testing, error correction and

making backEup copies do not infringe copyright (ss 5AGE5A*.

1.#. Copyright infringe!ent

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tampering with electronic :ights Janagement %nformation (:J% (information

attached to or embodied in digital material that identifies the material, its author

or the copyright owner, or any terms of use or dealing in material whose :J%

has been tampered with- and

the manufacture and dealing in circumvention devices (devices which

circumvent technological measures employed by copyright owners to protect

their material for a purpose that is not a permitted purpose (s 142.

1.&. 'eneral co!!ents

# copyright owner does not control the medium in which the idea is expressed, for

example, a person may freely buy then sell the same book, but they cannot copy the

contents of the entire book without copyright permission.

%f an employee creates an original work for an employer, then as a general principle(sub9ect to exceptions the employer owns the copyright in the work created.

+enerally, if a person commissions a person other than an employee to create an

original work, the person does not own that work unless the creator formally assigns

their copyright to the person. The assignment must be in writing and signed by or on

behalf of the creator.

Copyright ownership may be 9oint (a work produced by two or more authors or divided

(eg unless otherwise assigned, a newspaper has copyright ownership of work created by

a 9ournalist and published in the newspaper, but the 9ournalist retains copyright

ownership with respect to publication of the material in a book or film.

2. (icensing of Copyright

2.1.1. ac!ground

*or most material used on the %nternet, permission to digitise is unlikely to have been

obtained or included in any license agreement covering that material. /wnership of thecopyright in the material may be unclear, as physical ownership of a work does not

automatically confer copyright ownership. # person accessing that material on the

%nternet must recognise when permission from the copyright owner is re@uired and

when a license to exercise the copyright should not be implied.

# copyright owner who places material on the %nternet without notifying the user of any

:J% or use restrictions is likely to be giving an implied license to the user to download

or print the material.

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# website provider may license to third parties any software used in its website where it

has the right to license such software. This may occur for example where the website

provider or an employee in the course of employment developed the software, or the

relevant software development contract confers the right to license or subElicense the

use of the software to third parties.

2.1.2. "ou and Faceboo!

*acebook is a networking website which has over 5 million active users worldwide. %t

is also the most popular website for uploading photos, with 15 million photos uploaded

daily. )ue to the websiteKs popularity, *acebook has met with much criticism and

controversy, especially with regards to privacy concerns. )iscussed below are some

contentious provisions that appear on the website$s Terms of 8se.

aceboo4 has nli'ite( (iscretion

;e reser'e the right< at our sole discretion< to change< modify< add< or deleteportions of these Terms of (se at any time ithout further notice.

Gy creating an account with *acebook, users will be bound by the rules of the

website, which can change at any time without notice. Gy continuing to operate

an account, one is deemed to be in acceptance of these rules whether or not they

are aware it has changed.

aceboo4 has the power to (o whatever it wishes with ploa(e( content

y posting (ser Content= you automatically grant=to the Company an

irre'ocale< perpetual< non9exclusi'e< transferale< fully paid< orldide license

)ith the right to sulicense* to use< copy< pulicly perform< pulicly displaye sulicenses of the foregoing.

#nother controversial provision is the following"

All content on the %ite=are the proprietary property of the Company< its users

or its licensors ith all rights reser'ed. o %ite Content may e modified