YOUR PRACTICAL GUIDE TO THE LAW IN NEW SOUTH WALES

Transcription

1 The Law Handbook YOUR PRACTICAL GUIDE TO THE LAW IN NEW SOUTH WALES 13th EDITION REDFERN LEGAL CENTRE PUBLISHING

2 Published in Sydney by Thomson Reuters (Professional) Australia Limited ABN Harris Street, Pyrmont NSW 2009 First edition published by Redfern Legal Centre as The Legal Resources Book (NSW) in First published as The Law Handbook in 1983 Second edition 1986 Third edition 1988 Fourth edition 1991 Fifth edition 1995 Sixth edition 1997 Seventh edition 1999 Eighth edition 2002 Ninth edition 2004 Tenth edition 2007 Eleventh edition 2009 Twelfth edition 2012 Thirteenth edition 2014 Note to readers: While every effort has been made to ensure the information in this book is as up to date and as accurate as possible, the law is complex and constantly changing and readers are advised to seek expert advice when faced with specific problems. The Law Handbook is intended as a guide to the law and should not be used as a substitute for legal advice. National Library of Australia Cataloguing-in-Publication entry The law handbook : your practical guide to the law in NSW / Redfern Legal Centre. 13th edition. Includes index ISBN: Law New South Wales Handbooks, manuals, etc Legislation New South Wales Jurisprudence New South Wales Handbooks, manuals, etc Civil rights New South Wales Handbooks, manuals, etc Thomson Reuters (Professional) Australia Limited This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968, no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Inquiries should be addressed to the publishers. This edition is up to date as of 1 October The Law Handbook is part of a family of legal resource books published in other states: Vic: The Law Handbook by Fitzroy Legal Service, ph: (03) SA: The Law Handbook by the Legal Services Commission of SA, ph: (08) Qld: The Law Handbook by Caxton Legal Centre, ph: (07) Tas: The Tasmanian Law Handbook by Hobart Community Legal Service, ph: (03) NT: The Law Handbook by Northern Territory Legal Aid Commission and Darwin Community Legal Services, ph: (08) Editor: Ben Brocherie Product Developer: Karen Knowles Publisher: Robert Wilson Indexed and proofread by: Puddingburn Publishing Services Printed by: Ligare Pty Ltd, Riverwood, NSW This book has been printed on paper certified by the Programme for the Endorsement of Forest Certification (PEFC). PEFC is committed to sustainable forest management through third party forest certification of responsibly managed forests.

3 13 Copyright Linda De Silva Solicitor Contents [13.10] What is copyright? [13.150] Control over importation [13.40] How to get copyright [13.170] Dealings with copyright protection [13.210] Infringement of copyright [13.60] Who owns copyright? [13.110] Rights of copyright owners

4 426 The Law Handbook [13.10] What is copyright? The term copyright refers to a bundle of rights that arise when something like a book, film or photo is created. Copyright rights allow the copyright owner to control the work and benefit from what they have created. The relevant legislation is the Copyright Act 1968 (Cth). The law of copyright is complex. For advice on any particular copyright matter you should seek specialist advice. The websites of the Australian Copyright Council and the Federal Attorney-General's Department each provide more detailed information, including answers to frequently asked questions about copyright law, in information sheets. See chapter 32, Internet law, for more information about how copyright law applies in the context of the internet. [13.20] What material is protected The Copyright Act protects a very wide range of material, including art works, literature, music, films, broadcasts, computer programs, tables and catalogues. The various types of work protected under the Act, with examples, are listed below. Literary works This category includes: poems books (fiction and non-fiction) articles short stories song lyrics interviews letters s descriptions of the rules of games instructions computer programs compilations such as anthologies tables of words, numbers or symbols collections of information where the collections have identifiable authors whose intellectual efforts give rise to the particular expression of the work. Short bits of text such as titles and slogans are, however, unlikely to be protected. Similarly, copyright may not subsist in computer generated databases, lists and collections of materials such as telephone directories. Dramatic works This category includes: plays film scripts scenarios choreography. Musical works This category includes musical works of all kinds, from pop to classical. Songs The music of a song may be protected as a musical work, while the lyrics may be protected as a literary work. Artistic works This category includes: paintings sculptures engravings photographs maps drawings (sketches, architectural drawings, dress patterns, technical drawings and so on) buildings models of buildings works of artistic craftsmanship (such as ceramics and tapestries).

5 13 Copyright 427 Films This category covers the moving images and soundtrack in, for example: documentaries feature films home movies animated films TV programs DVDs video tapes computer games. Underlying works The script, music and other works recorded in the film may be separately protected, and are often referred to as underlying works. Sound recordings This category includes: vinyl and compact discs audio tapes and cassettes other fixed or recorded sounds; for example, a taped interview or digital file of music. The sound recording copyright relates only to the recording as such. Material on a recording, such as music, lyrics or other material may be separately protected. Published editions of works This category protects the typographical design and layout of publications such as books, magazines and printed music. The copyright in the edition is separate from any copyright in the content of the publication, which may include literary works, artistic works and so on. Broadcasts This category covers radio and television broadcasts, and protects the cost and skill involved in assembling, preparing and transmitting material. An internet simulcast of a radio broadcast is a different broadcasting service from the terrestrial transmission of the same radio program (PPCA v Commercial Radio [2013] FCAFC 11). The broadcast is protected separately from any copyright in the material (films, music, sound recordings or other material) that is broadcast. Designs Designs may be protected as artistic works, but designs for functional articles are also dealt with under separate legislation (the Designs Act 2003 (Cth)). In some cases there are limits on the copyright protection available for items that are or could be protected under design law (see Copyright and designs at [13.50]). [13.30] Multiple copyrights Books, films, records and other items may contain a number of copyrights, each of which may have a different owner. For example A book may contain copyrights in: the writer's literary work the illustrator's artistic work the publisher's published edition. An anthology of illustrated short stories or poems may contain copyrights in: each story, poem or artistic work the compilation (that is, the group of short stories or poems chosen to go into the anthology) the published edition. A CD played on the radio may involve copyrights in: the broadcaster's programming the sound recording the recorded music the recorded lyrics.

6 428 The Law Handbook [13.40] How to get copyright protection Automatic protection Copyright protection is automatic. It does not depend on any formalities such as registration, and there is no registration of copyright in Australia. As long as certain basic conditions are met, a work is protected from the moment it is made or put into a material form (for example, filmed or otherwise recorded, written down, or saved in a digital file). Conditions The only conditions that must be met are: the author or maker must be a citizen or resident of Australia or a country belonging to an international copyright convention, or the work must have been first published in Australia or a country belonging to an international copyright convention, and the work must be original; that is, be the product of the author s independent skill or labour and not copied from another source. Protection in other countries As a result of international treaties, Australian copyright owners are protected in most other countries and vice versa. Registering copyright overseas There are some procedural advantages in having a work registered in another country if you need to take court action for copyright infringement in Australia. The foreign registration is evidence of your copyright ownership. But you can get the same effect by using the copyright notice on your work (see below). The copyright notice It is a good idea to use the copyright notice to alert anyone seeing the material to the fact that it is protected by copyright and to let them know that you are the person claiming to own the rights. If you use a copyright notice on your material, you are presumed to be the copyright owner. The notice is simply the symbol (or the word copyright), the author s name, and the year of creation or first publication; for example, Matilda Rose For sound recordings, use the letter P in brackets instead of. [13.50] Copyright and designs The Designs Act 2003 (which came into effect in mid-2004) protects the overall appearance of a product. To be protected (for up to 10 years) the design must be registered with IP Australia. The same design may be an artistic work for the purposes of the Copyright Act. There is potential for overlap, but as a result of provisions in the Copyright Act there is also potential for something that is, or should be, registered as a design to have fewer copyright protections than would otherwise be the case. Anyone who intends to manufacture products from, or make multiple copies of, an artistic work they have created should usually get legal advice about the implications under copyright law and the Designs Act. To meet the novelty requirement under the Designs Act, it is important that this be done before any copies of the artistic work are published (see Literary, dramatic, musical and artistic works at [13.120] for the meaning of publication).

7 13 Copyright 429 [13.60] Who owns copyright? Copyright ownership can be decided by agreement (see Dealings with copyright at [13.170]). Otherwise, the rules set out in the Copyright Act apply. [13.70] The general rules The general rules are that: the creator owns copyright in a literary, dramatic, musical or artistic work. Where there is more than one creator and each person s contribution cannot be separated from the contributions of the others, the work is considered a work of joint authorship and copyright is owned by all authors jointly. the producer of a film owns copyright in the film (that is, in the footage and the sound recording that constitutes the soundtrack) the maker of a sound recording owns copyright in the sound recording and, since 2005, the owner of a recording medium co-owns copyright in a sound recording of a live performance with any performers who are recorded the broadcaster owns copyright in a broadcast the publisher owns copyright in a published edition. A number of important exceptions to the general rules are discussed below. [13.80] Works made by an employee Generally, if a creator is an employee (not a freelance worker, contractor or volunteer) and the work is created in the course of employment, the employer owns the copyright, unless the employment contract specifies otherwise. [13.90] Work created for a government If copyright material is created or first published under the direction or control of a government, that government is the copyright owner unless the parties agree otherwise. Direction and control The term direction or control applies not only to government employees but also to contractors and freelancers working for the government. Who is the government? For copyright purposes, government means the executive government and includes state, territory and Commonwealth government departments and their dependent bodies. It is often unclear whether other bodies such as statutory authorities are government for these purposes, and legal advice may be needed. Local councils are not covered. They are in the same position as other organisations such as companies. Where the creator is employed by a newspaper or magazine Different rules apply where the creator is someone like a journalist, photographer or cartoonist, and is employed by the publisher of a newspaper, magazine or similar periodical to create material for publication. What rules apply depends on when the work was created. Before 1 May 1969 The proprietor owns all the rights, but the employee has the right to stop their work being used other than in the newspaper, magazine or periodical. Between 1 May 1969 and 30 July 1998 The employer owns rights for newspaper and magazine publication and for broadcasting; the creator of the work owns all other rights (for example, book publication rights).

8 430 The Law Handbook The current rule Unless the parties agree otherwise, the proprietor and the creator of the work own separate parts of the copyright. The employee owns book publication and photocopying rights, the proprietor owns the rest. [13.100] Commissioned works Photographs Rights in relation to photographs depend on when they were taken. On or after 30 July 1998 For photos taken on or after 30 July 1998, unless the photographer and client agree otherwise, the copyright owner is: the client, for photographs taken for private or domestic purposes (such as weddings) the photographer, for photographs taken for all other purposes (such as commercial shots). Between 1 May 1969 and 30 July 1998 For photos taken between 1 May 1969 and 30 July 1998, unless the photographer and client agreed otherwise, the client is the copyright owner. However, the photographer has the right to stop the photo being used for something other than its original purpose, if the purpose for which it was being commissioned was known at the time (the photographer s right of restraint ). Before 1 May 1969 For photos taken before 1 May 1969, the client owns copyright; the photographer has no right of restraint. Portraits, engravings, recordings and films Unless the parties have agreed otherwise, a person who pays for a portrait, engraving, sound recording or film to be made owns the copyright. Note, however, that in the case of a sound recording or film, the person only owns copyright in that particular recording or film, not in underlying materials such as music, scripts, literary works or other copyright material. Other commissioned works In all other cases where copyright material is commissioned (unless there is government involvement, or the parties make an agreement to the contrary), the creator or maker of the material is the first owner of copyright. Any right or rights the commissioning party may have to use the material will be by way of licence. [13.110] Rights of copyright owners Copyright owners have exclusive rights to do certain things with their material. What these rights are depends on the nature of the material. [13.120] Literary, dramatic, musical and artistic works The owner of copyright in a literary, dramatic, musical or artistic work has exclusive rights over the matters discussed below. Reproduction in a material form This covers all copying, including by hand, photocopier, recording, film, printing out, scanning or storage in a computer retrieval system. Publication Publication involves making the work publicly known in Australia for the first time, in any form. Performance in public Performance in public covers both live and recorded performances, and includes such things as band performances, concerts, recitals and the public playing of records and tapes, including by way of background music.

9 13 Copyright 431 Public in this context means nondomestic situations such as in workplaces and shops, as well as in halls, pubs and clubs. Art works displayed in public The public performance restriction does not apply to visual art works the owner of a work is entitled to display it in public without the copyright owner's permission. Communication to the public Communication includes, for example, faxing, broadcasting or ing material, and putting it on an intranet or internet site (see also Internet law at [32.90]). As with performance in public, the concept of public means communicating to people other than in domestic situations. Adaptation Adaptation includes: for literary works, a translation or dramatised version for dramatic works, a translation or novelised version for musical works, a transcription or arrangement. This right does not apply to visual art works. (In the case of an artistic work that is adapted by someone else, the copyright issue will relate to whether or not enough of the work has been reproduced (see Using a substantial part of a work at [13.210])). [13.130] Films, recordings and broadcasts Owners of copyright in films, sound recordings and broadcasts have exclusive rights over: copying (such as off-air taping and direct duplication) screening in public (this does not apply to broadcasts) communication to the public (such as by broadcasting or re-broadcasting, putting the material on a website or ing it in a digital file). Rental The owners of copyright in sound recordings (such as CDs or audiotapes), computer software and works contained on sound recordings and computer programs (eg music) also own the legal right to control the commercial rental of this subject matter. [13.140] Published editions The copyright owner has the exclusive right to make facsimile copies of the edition (such as by offset printing or photocopying). Duration of copyright Until 1 January 2005, the general rule was that copyright However, copyright can last for longer (for example, if a lasted for the life of the creator plus 50 years. However, literary, dramatic or musical work is not published as a result of Australia's obligations under the Free during the creator's lifetime). Trade Agreement signed with the United States, this was For detailed information refer to the Australian Copychanged to life of the creator plus 70 years. right Council's information sheet Duration of Copyright.

10 432 The Law Handbook [13.150] Control over importation In many cases, copyright owners have the right to control the importation of articles embodying their copyright material, even if making the item was not an infringement of copyright. [13.160] What can be imported without permission Certain articles can be imported without permission, provided that making them did not infringe copyright in the country in which they were made (that is, they are not pirate versions). These are: copies of sound recordings (such as CDs) items containing computer programs (including computer games) items whose packaging or instruction manuals include copyright material. Non-infringing books can also be imported without permission, but only in some situations (such as where the publisher does not distribute the book in Australia within a month of publication overseas). [13.170] Dealings with copyright Copyright is property. It can be assigned (that is, transferred) or licensed to other people. Copyright assignments and licences are often incorporated in a contract. See chapter 12, Contracts, for more detailed information on the legal relationships, requirements and obligations of contracts. Putting it in a will A will can state who will inherit copyright. If there is no will, copyright is inherited according to intestacy laws laws that apply when someone dies without leaving a will. Where copyright will form an important part of an estate, consideration should be given to appointing someone such as a literary executor to deal with this part of the property. For more information, see Chapter 43, Wills, estates and funerals or contact the Arts Law Centre of Australia. The Australian Society of Authors and the National Association for Visual Arts offer advice and assistance to their members. [13.180] Licences A licence is a grant of permission to use copyright material in one of the ways reserved to the copyright owner without changing ownership. Exclusive licences An exclusive licence gives the licensee exclusive use of the right or rights involved. To be fully effective, an exclusive licence must be in writing and signed by the copyright owner. An exclusive licence can be limited; for example, to specified rights, territories or durations. For example An author who grants a publisher exclusive magazine publication rights in Australia cannot then give those particular rights to someone else (but could give them for the United Kingdom). Non-exclusive licences or permissions Non-exclusive licences do not have to be in writing, but for practical reasons they should be. For example If an author gives a magazine publisher a non-exclusive right to publish an article in a magazine, the author can also offer the article to another publisher.

11 13 Copyright 433 Implied licences Non-exclusive licences can be implied by the circumstances, even if the copyright owner has not expressly granted the rights. For example A person who commissions a designer to create a logo for their business letterhead will generally have the right to use the logo for that purpose, even if there is no written agreement and the artist has not granted permission in so many words. If the person wants to use the logo for other purposes (such as on a website or an advertisement), further permission might be needed. It can be difficult to work out exactly what permission has been given in such cases, and it is better to put the whole agreement in writing to begin with. [13.190] Assignments An assignment is a transfer or sale of the copyright. It must be in writing and signed by the copyright owner to be fully effective. Assignments may be of the entire copyright, or they may be limited to, for example: particular aspects of the copyright (for example, publication only) particular territories (for example, the UK) a specified time (for example, two years). [13.200] Administration of licences A number of collecting societies represent copyright owners in print, the music industry and the audiovisual field. They deal with copyright owners rights collectively by, for example: administering statutory licences under the Copyright Act that allow governments and educational institutions, for example, to copy within certain limits in return for a fee offering voluntary agreements between copyright owners and users of their work. Text, images and notated music Copyright Agency Ltd (CAL) represents owners of copyright in literary, dramatic, musical and artistic works (such as authors, illustrators and publishers). It administers the schemes in the Copyright Act for the use of these types of material by educational institutions and governments, and offers other copying licences. The educational copying scheme Under the Copyright Act, educational institutions can make multiple copies of works for educational purposes. They can, for example, make works available online to their students and staff. In many cases, there are limits on the amount of commercially available material that can be copied, and procedures that must be followed. The institution pays a licence fee to CAL, which then distributes the money to the relevant copyright owners. Other copying arrangements CAL also administers a significant part of copying by government and offers voluntary licences to other organisations such as companies, non-profit organisations, copying services and media monitoring companies. The music industry The Australasian Performing Rights Association (APRA) administers the rights to public performance and communication of music. On becoming a member of APRA, a copyright owner (usually composers, songwriters or music publishers) assigns these rights to the association. A person or organisation wanting to use their music must obtain a licence from the association, which distributes the fees it collects to the copyright owners. The Phonographic Performance Company of Australia (PPCA) performs a similar function for copyright holders in sound recording. Recorded music A licence from both APRA and PPCA is usually needed before recorded music (records, tapes and CDs) can be played in public or communicated (for example, as telephone on hold music).

12 434 The Law Handbook Radio and television programs Screenrights administers the statutory licences under which educational institutions and state, territory and Commonwealth governments are entitled to copy from radio and television in return for licence fees. The collected fees are distributed to the copyright owners. Artistic works Viscopy offers licences for the use of artistic works by, for example, painters, photographers, cartoonists, print makers, sculptors, illustrators, designers and craftworkers. CAL administers the resale royalty scheme for visual artists, which came into effect on 9 June The royalty is payable, under the Resale Royalty Right for Visual Artists Act 2009 (Cth), on certain resales of original works of art. See Contact points at [13.250] for contact details of these organisations. Infringement of copyright [13.210] What is infringement? Unless an exception applies, anyone who uses copyright material, without permission, in a way over which the copyright owner has exclusive rights is infringing copyright. Using a substantial part of a work Using part of a work may also infringe copyright if it is a substantial part (defined as an important or distinctive part of the first work). For example, unless an exception applies, photocopying a substantial part of a literary work without permission generally infringes copyright, as does performing a substantial part of a dramatic work in public without permission. Making copies that are not exact It may be an infringement of copyright to make a copy of an original work even if the copy is not exact. The important question is whether the new work reproduces important or distinctive parts of the original. Other ways of infringing copyright Copyright may also be infringed through: authorising someone to use the work in ways that infringe copyright commercial dealing with pirated material importing certain copyright material (including infringing copies) for commercial purposes permitting a performance or screening to take place in a public place or venue. Copyright infringement notice scheme Introduced in 2007, this scheme enables police to prosecute lower level criminal offences more easily through on-the-spot fines (see Criminal proceedings at [13.220]). What is not infringement Fair dealing There are some specific situations in which fair dealing with copyright material (for example, by reviewers, students, newspaper publishers and broadcasters) is allowed. Using copyright material for parody or satirical purposes may also be fair dealing. Personal use Copying from television to watch a program at a more convenient time does not infringe copyright. There are also situations in which people are entitled to make copies of the CDs and audiotapes they own, and to make format shift copies of videos they own (including, for example, making DVD copies).

13 13 Copyright 435 Libraries, educational institutions and government There are special provisions for the use of copyright material by libraries, educational institutions and the state, territory and Commonwealth governments. For more information, see the Australian Copyright Council's information sheets at Specific importation See What can be imported without permission at [13.160] for specific instances where the copyright owner s permission is not required to import certain copyright materials into Australia. Multiple infringements As a number of copyrights may exist in any one work, one act may infringe more than one copyright (see Multiple copyrights at [13.30]). [13.220] Court proceedings The Federal Court of Australia and the Federal Circuit Court of Australia (previously called the Federal Magistrates Court) have shared jurisdiction for civil copyright matters. The Federal Magistrates Court commenced operation in July 2000 to deal with less complex disputes under Commonwealth laws. However, most claims of copyright infringement are resolved without court action. Creators can take similar court action for infringement of their moral rights. What the court may do Interlocutory relief The court may award the copyright owner interlocutory relief (an injunction awarded before the end of a trial preserving the status quo) prohibiting further infringement pending the outcome of the trial. Final orders Final orders a court can make include: compensation for loss to the copyright owner payment of the profits made by the infringer orders not to infringe the copyright owner s rights again a combination of these remedies. Criminal proceedings Some acts of infringement, generally those with a commercial element (eg making or importing infringing copies for distribution or sale) are also criminal offences, prosecutable by the police and, in the case of pirated goods being imported into Australia, subject to seizure by the Australian Customs Service. There are also statutory offences for other acts which prejudice the economic rights of the copyright owner (eg unauthorised access to encoded broadcasts, abuse of electronic rights management information and circumventing technological prevention measures (TPMs)). There are three levels of offences: indictable offences for serious crimes, summary offences for less serious crimes and strict liability for lower level offences. On-the-spot fines are available for certain strict liability offences such as those committed by street stall operators and first-time offenders. Criminal prosecutions can be brought in the Federal Court or any other court of competent jurisdiction. However, the Federal Court cannot hear prosecutions for indictable offences. For more information see the Australian Copyright Council s information sheet, Infringement: Actions, Remedies, Offences, Penalties at www. copyright.org.au. Common questions about copyright Is there copyright protection for titles? Trademark registration may also be available in some Generally, no. However, titles may be protected under cases. laws other than copyright, such as passing-off and trade How can I prove I am the copyright owner, since there is practices law. A person who has established a reputa- no registration? tion in a name or title may be able to stop someone else It's not usually necessary, unless a claim to copyright using it if the use would mislead consumers. ownership is disputed in court (which is uncommon). If

14 436 The Law Handbook you own copyright because you created the material, you could prove it by calling witnesses who know you created it, and by producing your original drafts, manuscripts and working notes. If you have registered copyright in your work in another country, or have put the copyright notice in your work, you are presumed to own copyright. Does copyright protect ideas? No. Copyright protects only the form ideas take, for example when expressed in a manuscript or drawing. Ideas, concepts and techniques are not protected. Using an idea (such as the plot of a book) is only an infringement if it involves a substantial reproduction of the author's skill and labour in literary, artistic or other protected expression. How much do I have to change a work to avoid infringing copyright? Copying a work without permission infringes copyright. The copy does not have to be exact. If the copy relies substantially on a copyright owner's work, it is likely to infringe copyright. In determining this, the courts will look at the similarities between the two works rather than the differences. Attempts to avoid claims of infringement by making changes to a work are rarely successful. What if I can't find the copyright owner? If you want to use copyright materials in any of the ways controlled by the copyright owner and if a statutory exception to infringement does not apply, you need permission. There is no exception where the copyright owner is difficult to locate. However, because collective licensing is common in the copyright industries, getting permission is often easier than it might seem. See the Australian Copyright Council's information sheet, Permission: How To Get It. Can I download music and films from the internet if they are not available in Australia? In most cases this will infringe copyright in the music or film if it is downloaded without the consent of the copyright owner. See Rights of copyright owners at [13.110] for more information on these copyright uses. [13.230] Performers' protection Since 1989, performers, including street buskers, circus and variety acts have rights to control direct or indirect unauthorised recording, filming and communication to the public (such as broadcast and internet transmissions) of their live performances including improvised performances and expressions of folklore (such as Indigenous performances). Depending on the medium, the protection period starts on the date of the performance and lasts for either 50 years (in the case of an unauthorised sound recording of a live performance) or 20 years (for an unauthorised film of a live performance), ending at the end of the relevant calendar year. Certain performances are exempt (for example, reading the news, playing sport and participation as a member of an audience). Also, certain uses are exempt (for example, a performer cannot rely on these provisions to prevent recording or filming for solely private and domestic purposes). The performers rights to their live performances are separate from any copyright in the film or sound recording made of the performance or of any other work which might be associated with the performance (eg the song which is performed). For more detailed information on the rights of performers see the Australian Copyright Council s information sheet, Performers Rights, at [13.240] Moral rights Moral rights are personal rights that belong to creators in relation to their work. They cannot be assigned or licensed, and are to be distinguished from the economic rights described in this chapter. The protection of moral rights in Australia was established through amendments to the Copyright Act 1968 in They are dealt with in Pt IX of the Act. Moral rights come under two broad categories: the right of attribution - the creator s right to be named on their work and to object to certain false attributions the right of integrity - the creator s right to object to alterations, modifications and other treatments of the work damaging to their honour or reputation. Moral rights apply to literary works, artistic works, musical works, dramatic works and computer programs existing on 21 December 2000, and created after that date. This

15 13 Copyright 437 extends protection to a range of creators, including writers, composers, painters and other artists, choreographers, and architects. Films Moral rights apply to films, but only those created after 21 December The principal director, producer and screenwriter all have moral rights in a film. The screenwriter will also have separate moral rights in the screenplay. Performers Performers have moral rights in relation to their performances. These rights are, however, limited to performers who make sounds as part of their performance (along with conductors), and only apply when: the performer is performing live, or the performer is recorded in a sound recording, or the performance is communicated. The rights only apply to performances given or recorded from 26 July They do not apply to performances that are filmed or videoed. For further information on moral rights and copyright, see the Australian Copyright Council website at www. copyright.org.au.

16 438 The Law Handbook The Law Handbook [13.250] Contact points If you have a hearing or speech impairment and/or you use a TTY, you can ring any number through the National Relay Service by phoning (local and chargeable calls) or (free calls) or (Speak and Listen calls). For more information, see Non-English speakers can contact the Translating and Interpreting Service (TIS) on to use an interpreter over the telephone to ring any number. For more information or to book an interpreter online see Arts Law Centre of Australia ph: or Australasian Legal Information Institute (AustLII) Australasian Performing Rights Association (APRA) ph: or Australian Copyright Council ph: Australian Society of Authors ph: Copyright Agency Limited (CAL) ph: or Copyright Law Review Committee Federal Attorney-General s Department, Copyright Branch ph: IP Australia ph: or Media Entertainment and Arts Alliance ph: National Association for the Visual Arts Ltd (NAVA) ph: Office for the Arts Phonographic Performance Company of Australia Ltd ph: Screenrights ph: Viscopy ph: or