Post 19
16. March 2014
Intellectual Property/Copyright.
Answer these questions in your own words.
1. What is intellectual property and is it the same as copyright?
intellectual property is an idea thought up in the mind that is then the owners property if they register it. it comes under the same laws as copyright but also has its own laws
2. What is the name of the federal legislation covering copyright law in Australia?
Copyright Act 1968 is the federal legislation covering copyright law in australia.
3. What does Copyright protect?
textual material
computer programs
compilations
artistic works such as paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, maps and plans
dramatic works
musical works
cinematography films
sound recordings
broadcasts
- published editions
4. How would you register your design for copyright and how much would it cost?
Copyright protection is automatic
you don’t apply or pay for copyright in anyway it is automatically assigned to almost every piece of work.
“You do not need to publish your work, put a copyright notice on it, or do anything else before your work is covered by copyright – the protection is free and automatic, from the time a work is first written down or recorded in some way. For example, as soon as a poem is written, or a song is recorded, it is protected” - From the notes.
5. What are ways you could protect yourself from copyright theft?
watermarks and dont upload images in full resolution or vector format to make it harder for someone to steal your idea, keep dated copies of your work and manuscripts also maybe letters or emails of people who maybe working with your idea
6. Do you need to use the copyright symbol to be protected by copyright?
no but it does remind people that your work is copyrighted and they could face charges if they steal your work.
7. I have an idea about a logo design, is it covered by copyright?
yes, but it is always handy to have some sort of hard copy to prove or also eye witnesses to prove that they saw you designing it early on or on a certain date.
8. If an artwork appears in an Art Gallery, does the Gallery own copyright for that item?
no, not unless the copyright has been bought by the gallery but it remains with the artists or company he/she maybe associated with.
9. If I’m employed by a company as their in-house graphic designer, who would generally own the copyright?
the company im working for as im working for them at the time as there in house graphic designer but my name would get put down in the design to be recognized for my work.
10. If I’m working as a freelance Graphic Designer and create a logo for a company, who would generally own the copyright for the logo?
me as i am in no constriction to a company nor am i working for anyone but me but as soon as sell the logo the other company would be in control of the copyright for the design.
11. What evidence could you provide to a court to prove you’re the copyright owner of a logo you’ve designed?
date and time stamped designs drafts hardcopy drafts emails or letters sent to ask for help with the design with time stamps aswell as a eye witness who can state they saw you designing the logo in its early stages or late stages.
12. How much of an artistic work can I safely use without infringing on copyright?
aslong as it is not part of the main idea of the design or part of the original.
“the part doesn’t need to be a large part its not whether you changed or added something to the copyright material but whether the part you have used is an important, essential or distinctive part of the original” - In the notes
13. If you’ve done everything in your power to identify the copyright owner but they won’t contact you back, is it ok to use the work without permission as long as you use a ‘good faith notice’ stating you were unable to contact them?
no, there is no such thing as a “good faith notice” it is illegal to use someones copyrighted material in anyway without there permission you would have to wait till they contacted you.
14. How would you go about obtaining copyright clearance for an artwork you want to use that you’ve found on the internet?
find the source artist contact them personally or via the internet then get them to send you a contract for there image to make payment for there image and the copyright agreements.
