question archive You have designed and implemented a number of advertisement posters for your employer as part of your full-time employment

You have designed and implemented a number of advertisement posters for your employer as part of your full-time employment

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You have designed and implemented a number of advertisement posters for your employer as part of your full-time employment. The employer has asked you to clarify who owns the copyright of the following works so as to contribute to the updating of the copyright policy.

  • Company Posters 
  • Graphics designed by you and included in the posters
  • Photographs taken by you and included in the posters
  • Company logo designed by an external artist for the company


 

  1. Check the necessary copyright laws in Australia and write a letter/report addressed to your employer detailing the copyright status of all items listed above. In your answer you must refer to the specific legislation that covers each work.

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copyright laws in Australia

Step-by-step explanation

Copyright is a broad term that refers to a collection of rights in specific creative works such as writing, artistic works, music, computer programs, sound recordings, and films.
The copyright holder has the right to govern the manner in which their work is used. Copyright holders have the ability to prevent anyone from duplicating or disseminating their work without their consent.
Intellectual property does not protect concepts, styles, or processes. For instance, copyright does not protect an idea for a film or book, but it does protect the film's script or even storyboard.
Copyright is a distinct right from the property rights associated with an object. This means that the owner of a book or painting does not own the book or painting's copyright unless it has been expressly assigned to them.
Copyright protection is automatic in Australia. In Australia, there is no necessity for copyright registration, and there is no legal duty to publish the material or to include a copyright notice. Once material is converted to a material form, such as being written down or recorded in some fashion, it is protected (eg filmed or recorded).
It is possible that you or your firm creates work that is subject to copyright protection — for example, a logo, newsletter, drawings, or designs.

If you do, you are very certainly the owner of original copyright, which protects you from others utilizing or infringing on your copyright in specific instances.
The Department of Infrastructure, Transport, Regional Development, and Communications administers the Copyright Act, as well as associated copyright laws, copyright policy, and international copyright concerns.

Copyright is classified in the Copyright Act 1968 (Cth) (Copyright Act) as follows:

literary works, such as books, articles, scripts, and poems, and compilations, such as databases and directories; artistic works, such as photographs, paintings, sculptures, maps, and plans (notice that the term 'artistic' is merely the category's title for copyright reasons). It is not synonymous with aesthetic quality. For instance, there is no distinction between a work by a critically acclaimed artist such as Picasso and one by a novice in terms of copyright) dramatic and musical works subject matter other than works, such as films, broadcasts, sound recordings, and multimedia; and published editions (i.e. typographical arrangement of the work that is separate from the content of the work reproduced).