Monday, April 19, 2010

Copyright excercise

The following is exercises I did, incomplete however:

1.1 Identify sources of information on copyright.
Australian Copyright Council's Online Information Centre http://www.copyright.org.au/
The Arts Law Centre of Australia http://www.artslaw.com.au/

1.2 Determine what is and is not protected by copyright.
Copyright does not protect ideas, concepts, styles, techniques or information.
Some “works” are too small or unoriginal to be protected by copyright. For example, single words (even invented words), names, titles, slogans and headlines are unlikely to be protected by copyright.
People and people’s images (images of their face or body) are not protected by copyright. Sometimes, however, other areas of law, such as defamation and the Trade Practices Act, can affect the circumstances in which a person’s image can be used.

1.3 Identify and determine role of copyright collection societies.
Copyright collection societies licence and manage the distribution of copyrighted work. They collect and also distribute royalties on behalf of the copyright owners.

1.4 Check copyright legislation with appropriate person.


2.1 Identify copyright owner's exclusive rights
To publish there work to the public, and to be protected from plagiarism.

2.2 Determine need for copyright clearance and identify potential for fair use of copyright material.
Copyright owners can “assign” (generally, sell) or license their rights. Assigning rights means someone else becomes the copyright owner; licensing means another person can use the copyright material.
Assignments and licences can apply to all the rights in the material, or to just one or some of the rights. For example, a writer can assign or license just the right to reproduce his or her story in a book, but keep all other rights. In addition, a copyright owner may restrict an assignment or licence in various ways: to particular countries; or to a particular period of time; or to a set number of copies; or to a particular format (for example, hard-copy only, or in brochures but not in posters), for example.
A copyright owner may also set certain conditions, such as payment, as part of their agreement to assign or license rights.
It is good business practice to put all arrangements relating to copyright into writing. An assignment must be in writing and signed by the copyright owner to be fully effective. An exclusive licence that is in writing and signed by the copyright owner entitles the licensee to institute legal proceedings for copyright infringement.

2.3 Discuss and confirm copyright clearance issues.


2.4 Determine if moral rights or performer's rights need to be credited
Individual creators have rights called “moral rights”, whether or not they own copyright. These are the 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.

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