1. What is intellectual property and is it the same as copyright?
Intellectual property is the property of your mind or intellect. It can be an original design, invention, trade mark, or the practical application of an idea. No it is not the same as copyright.
2. How would you register your design for copyright and how much would it cost?
In Australia copyright protection is free and automatic no registation is required or fees.
3. I have an idea about a logo design, is it covered by copyright?
No, idea’s are not covered by copyright, only the original expression (work).
4. What is the name of the federal legislation covering copyright law in Australia?
The federal legislation covering copyright law throughout Australia is Copy right Act, 1968 (cth).
5. What does Copyright protect?
Copyright is the proctection of intellectual property such as the original expression of ideas, but not the ideas themselves.
6. What is the Copyright notice and its purpose?
A copy right notice is © with the owner’s name and date, although it is not necessary in Australia, it is necessary in a few overseas countires to establish copyright. The copyright notice can help prove your ownership of the copyright, and It can also act as a deterrent to potential infringers.
7. What evidence could you provide to a court to prove you’re the copyright owner of a logo you’ve designed?
Drafts, witnesses, photographs, contracts or licence agreements, any evidence that proves you have created or you are the copyright owner.
8. If an artwork appears in an Art Gallery, does the Gallery own copyright for that item?
No, the fact that the art is in an art gallery or in the possesion of a people/person does not necessarily mean that they also own copyright in those items.
9. If I’m employed by a company as their in-house graphic designer, who would generally own the copyright?
The company would generally hold the copy rights unless a written agreement/contract states otherwise.
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?
The graphic designer would hold the rights in this situation as they would be outsourced, unless they have a written agreement/contract giving the comapny the copy rights.
11. How much of an artistic work can I safely use without infringing on copyright?
A substantial portion of work can be used however without giving credit, or having the authorisation or a licence from the copyright owner or their agent, is considered infringement.
12. 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?
You can use work without permission with a ‘good faith notice’ however this does not alter your legal liability for infringement.
13. Who is VISCOPY and what might they come in handy for?
The visual arts copyright collecting society “VISCOPY” they come in handy when reproducing work, VISCOPY approves licesnses for the reproduction of works of art from Australia or overseas.
14. What are moral rights?
Moral Rights are rights held by Individual creators, these include the right be named as the author of the work and to take action if the work is manipulated in a way that damages the integrity of the work.
15. How would you go about obtaining copyright clearance for an artwork you want to use that you’ve found on the internet?
The process of obtaining a licence called “clearing copyright” when you contact the person who created the work or holds the copy rights, you would ask for a “licence” to use the material, a licence may be granted subject to conditions like a contract, which may include payment of a fee. However if you cannot find the copy rights holder or they do not contact you back, you can use work without permission with a ‘good faith notice’ however this does not alter your legal liability for infringement.
16. What is a Trademark and how do you register one?
Unlike copyright, trade mark protection requires registration and paying a fee, Trade marks are
registered with IP Australia. Trade mark (registration) gives you protection against other people using a substantially identical or deceptively similar mark in the course of trade.
17. What does a Patent protect?
Patents protect inventions, processes, methods and techniques. The protection
will only be granted for a device, substance, method or process if it is new, inventive and useful.
18. Define Defamation.
Defamation is the false accusation of an offense or a malicious misrepresentation of someone’s words or actions (works).
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