Copyright refers to the exclusive and assignable legal rights given to the owner of an original creative work. Such original works can include artistic works, literary works, musical works, published editions, broadcast signals, and the like. Computer source code can be regarded as a literary work.
As its name infers, holding copyright in an original work means that you have the right to copy that original work.
In more detail, copyright law gives the owner of a creative work exclusive rights over how their creation is copied or adapted.
These rights are protected for a limited time before being returned to the public domain. In Australia, copyright terms are either 50 to 70 years after the author’s death depending on when the copyright was first established.
Copyright terms cannot be extended or renewed.
Unlike patents, registered designs or trademarks, in Australia, there is no formal process for registering copyright ownership.
The moment that an original work is reduced to material form , copyright vests automatically in the author of that work. Copyright may then transfer by operation of law. For example, if the author is an employee of a company and their employment contract states that the employer will own copyright in original works created by that employee, or the original work is created under contract for another party, and the contract says that the other party will own copyright in that original work. This applies to both documentation on paper and via electronic means.
If you are distributing copyrighted work that you own, you should consider using the copyright symbol/sign (©), together with the name of the owner/author, and the date it was originally reduced to material form, to indicate its status as a protected work. However, your rights are protected regardless of whether you opt to use this symbol or not. Use of this symbol is typically taken as first rebuttable evidence of ownership of copyright.
Bear in mind that in some countries, you cannot assign copyright in an original work that has not yet been created (as this is an assignment of nothing). You can agree to assign it once it has been created and that the author will do everything required to assign it, but then once it has been created, there should be a formal deed of assignment of copyright in the original work.
While the automatic vesting of copyright without registration is cost effective, it makes it more difficult to enforce against others. To make a case for infringement of copyright, you will need to:
For this reason, documenting your intellectual property (IP) for copyright is very important.
If you experience infringement or have been accused of copyright infringement, the best practice is to engage a specialist IP attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
