Copyright - Basic facts about Copyright

Using copyright material

Copyright is a type of intellectual property and, like physical property, cannot generally be used without the owner`s permission. Of course, the copyright owner may decide not to give permission for use of his or her work.

How do I get permission to copy or use copyright material?

Normally by approaching the copyright owner, but there are a number of organisations that act collectively for groups of copyright owners in respect of particular rights and which may offer "blanket" licences to users. Further information is available directly from these organisations.

Can I do anything if I think I am being charged too much to use copyright material?

If an individual copyright owner has offered to license use of his/her copyright work, you can try and negotiate terms and conditions that are acceptable to you, but the final terms and conditions must be accepted by the copyright owner also. Where copyright owners act collectively to license use of their copyright works, you may, however, be able to seek an independent ruling on the terms and conditions of a licence, including how much you must pay, by applying to the Copyright Tribunal. Although the members of the Tibunal are appointed by ministers and the secretariat of the Tribunal is provided by Copyright Directorate in the Patent Office, the Tribunal makes its decisions independently of Government. For further information about the Copyright Tribunal click here.

Do I always need permission to copy or use copyright material?

No, there are certain exceptions to the rights given to the copyright owner. For example, limited use of works may be possible for non-commercial research and private study, criticism or review, reporting current events, judicial proceedings and teaching in schools. But if you are copying large amounts of material and/or making multiple copies then you may still need permission. Also it is generally necessary to include an acknowledgement of the name of the copyright work and its author.

But if I've bought something, can't I use it however I like?

Just buying a copy of a book, CD, video, computer program, etc. does not necessarily give you the right to make further copies (even for private use) or play or show them in public. The right to do these things will generally remain with the copyright owner, whose permission you would need. You should note that photocopying a work, scanning a work to produce an electronic copy and downloading a copy of a work which is in an electronic form (eg. on a CD-ROM or an on-line database) all involve copying the work so that permission to copy is generally needed.

But if I have permission, ie. a licence, to use a work, can`t I use it however I like?

Not unless the licence you have allows any use of the work. Often a copyright owner will only give permission for some uses of a work, eg. publication of a photograph in a particular newspaper, and, if you want to use the work in any other way, eg by publishing the photograph in a magazine, you will need to seek further permission.