Copyright for creators

Copyright is an important consideration for creators, as it can control ownership, access and usage. Information on this page is general in nature - for specific guidance contact the Copyright Advisor or seek legal advice as applicable.

Requirements for copyright protection

Copyright does not protect ideas, only the expression or form that the ideas may take.

Works that are literary, dramatic, musical or artistic in nature can usually be protected if they are sufficiently 'original'. In copyright terms, 'original' means that the work isn’t "a mere copy, a requisite level of skill and effort has been exercised in its creation, and it has been created by a human author" (Australian Copyright Council).

In Australia copyright is an automatic right once a work takes material form - there is no need to register your work to receive copyright protection.

Further reading:

Copyright ownership

Generally the creator of a work would own the copyright in the work, but there are some exceptions:

Copyright owners have exclusive rights for their works, and can control the use of them by others:

  • reproduction
  • adaptation
  • performance
  • publication
  • communication

Further reading:

Contracts and copyright transfer

It is common for creators to transfer copyright ownership in their works to a publisher or other party as part of a publishing or work agreement (or contract). While you may be provided certain usage rights within an agreement, these will be much more limited that if you retain the copyright yourself.

The rights you retain can vary, based on:

  • the type of work
  • the publisher or other party involved
  • whether there is an option (or requirement) for open-licensing
  • what you plan to do with, and where you plan to use, the work.

You should always read any copyright transferral agreement and double-check what you are allowed to do with your work once copyright is transferred. Have a question? Contact the Copyright Advisor

Further reading:

Moral rights

In Australia, creators of works have moral rights under Part IX of the Copyright Act. A creator's moral rights include:

  • attribution / acknowledgement as author
  • to not  be falsely attributed to an unauthorised version of the work
  • to maintain the integrity of a work.

Moral rights are retained even where copyright is transferred to another party and cannot be waived. It is possible to request or provide consent for activities that might otherwise breach a creator's moral rights.

Further reading:

Using generative AI

The Copyright Act and other Australian legislation currently doesn't include direction around AI-generated material, however there is a requirement for a human author for copyright ownership (see Requirements for copyright protection above).

The U.S. Copyright Office has issued guidance to state that there is not enough human involvement in the creation of these works to generate any ownership/copyright - it is the algorithm doing the 'creative' work and copyright can only be held by humans (or corporations/organisations with human employees). Where humans are able to gain greater control over the creation process using AI, this decision may change.  What this means is that, at the moment, AI-generated materials are considered to be in the public domain (copyright free) in the U.S. This is an evolving area, so this may change where users start to do more than just type in text prompts to generate works.

Conversely, UK law provides protection for works that are generated by a computer without a human creator. There are several interpretations of the wording of this legislation around who actually owns the copyright in the works - the platform, the developers, or the user who input the prompts - which confuses the matter somewhat.

While Australian legislation shares some characteristics of both the U.S. (extended copyright duration) and the UK (fair dealing), there is no official advice as yet. It has been suggested in multiple legal opinion pieces that AI-generated works will not be protected in Australia. It has already been decided by the High Court here that AI cannot be named as an inventor for patents.

Potential copyright issues have been identified with the datasets used to train these AI systems, including reproducing copyright material without permission or attribution. A summary of current litigation cases (as at May 2023) can be found on the King & Wood Mallesons site. Some ethical issues have also been noted around potential misinformation, lack of consent from subjects, bias, and representation of marginalised groups.

Have a question? Contact the Copyright Advisor

Further reading:

Note that some of the above contain U.S. copyright information, but the general principles are still applicable. Any mention of 'fair use' will not apply in Australia.

Writers and coders

Works that are "expressed in words, figures or symbols" are called 'literary works' in the Copyright Act. This includes a broad range of material, including books, articles, user guides, reports, anthologies, screenplays, letters, poetry, text on websites, advertising material, and more. Interestingly, computer programs are also considered to be literary works.

Original works in this category have protection under the Act. Adaptations can also have their own protection (such as authorised translations), as can published editions of works. Learn more about literary works and copyright

Further reading:

Australian Copyright Council fact sheets:

Artists, photographers and designers

Works that are "of artistic craftsmanship" are called 'artistic works' in the Copyright Act. This includes a broad range of material, including drawings, paintings, sculptures, photographs, engravings (lithographs, prints, woodcuts, etc.), and more. Plans, buildings, and models of buildings are also considered to be artistic works. Some handmade ceramics, jewellery and other material may also qualify, where the works are not mass-produced and they posses a level of artistic quality and craftsmanship.

Original works in this category have protection under the Act. Adaptations may also have their own protection. Learn more about artistic works and copyright

Further reading:

Artist Resale Royalty:

Australian Copyright Council fact sheets:

For performance art and choreography, see Other dramatic works below.

Audiovisual works

Audiovisual works are a varied category, generally covered in the Copyright Act under musical and dramatic works, and more specifically under sound recordings, films, and broadcasts. This can include:

  • Recordings of live performances
  • Recordings of music and songs
  • Recordings of literary works read aloud and oral histories
  • Podcasts, recordings of interviews, etc.
  • Feature films, documentaries, and TV programs
  • Animation and cartoons
  • Short films, video clips, and YouTube content
  • free-to-air broadcasts and more.

Original works in this category have protection under the Act. Adaptations may also have their own protection. Audiovisual works can often have multiple layers of copyright involved (e.g., a film may have the recording, the screenplay, the music/soundtrack, production or release artwork, etc.). Learn more about audiovisual works and copyright

Australian Copyright Council fact sheets:

For YouTube, see Social media and online below.

Social media and online

The online world is often one where ownership and copyright can get blurred. It is important to remember that just because content has been made available online, it does not mean you can take it and use or adapt it without the permission of the owner. Some platforms may allow for the embedding of other's content (Twitter, YouTube, etc.), but this doesn't grant you any other usage rights.

Need to locate resources for your online projects? Access our Free and open-licensed resources page

Have a question? Contact the Copyright Advisor

Further reading:

Note that some of the above contain U.S. copyright information, but the general principles are still applicable. Any mention of 'fair use' will not apply in Australia.

Australian Copyright Council fact sheets:

Video

Options for using music in your videos

Other dramatic works

'Dramatic works' are those intended to be performed in a dramatic context, including choreography, dance, movement, stage plays, pantomimes, theatrical performances, and more. Films are also dramatic works under the Copyright Act, but due to the different levels of copyright involved they have special mention as 'cinematograph films' in the Act (see Audiovisual works above).

Original works in this category may have protection under the Act once they are recorded in material form (e.g., a video of choreography). Adaptations may also have their own protection. Learn more about dramatic works and copyright

Australian Copyright Council fact sheets:

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