The following are key copyright protection points: f Copyright protection applies as soon as the creative idea or concept is documented on paper or electronically. f It protects the original expression of the idea but does not protect from independent creation of similar work. f The level and scope of copyright protection depends on the nature of the work. These are governed by Part III Section 31(1), for original literary, dramatic, musical and artistic work, and Part IV Section 85-88 inclusive of the Copyright Act 1968, for subject matter other than the works governed by Section 31 above. These subject matters may include recordings, cinematograph, films, television broadcasts, sounds broadcasts and published editions of works. f There is no requirement to apply for and register copyright because the protection is automatic. f It is, however, possible to use a copyright notice which may assist you in proving ownership of the copyright and act as a deterrent to infringement. f The procedure for registering copyright, should you wish to, is discussed below. Procedures for registering intellectual property rights The procedures for registering intellectual property rights vary according to the type of intellectual property rights you are seeking to claim or protect. The table below considers the registration procedure for each type of intellectual property, and the relevance of registration legally and commercially. You will note that some types of intellectual property rights are dependent on registration. It is therefore crucial that the organisation is made aware of and acts upon these requirements, where necessary, in order to establish and protect their rights.
38 WORKBOOK | © 2016 YOUNG RABBIT PTY LTD, AUSTRALIAN PACIFIC COLLEGE BSB51915 DIPLOMA OF LEADERSHIP AND MANAGEMENT | OPERATIONAL PLANNING_V2.4 Type of intellectual property Procedure for registering Copyright Remember that registration is not a requirement. However, a copyright notice makes it clear who owns the copyright and that the use of the material is restricted by these rights. The Attorney-General’s Department (which administers copyright) provides the following example of what a notice may state: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of [name and address of copyright owner and the year in which the work was made]. ( ± ² ǰ ±Ĵ ｢Ȭ ² Ȃ ³ ǰ ´ ² µ ｢ ǰ ŜǼ Trade marks Remember that a registered trade mark is legally enforceable . Before applying for registration, you are advised to search the online database for existing trade marks which may affect the success of your registration. Once you submit an application and its information has been published, in most circumstances you cannot change the details of your application or add classes of goods and services. Application can be online or by paper, to IP Australia. An examination report will be issued to you, explaining their findings. If there are no issues, your application will be accepted and published.
- Three '17
- Exclusive right, YOUNG RABBIT PTY LTD