Copyright

What is Copyright? 

Copyright protects original creative works such as literature, art, music, sound recordings, films, and computer programs. It gives creators exclusive rights to control how their works are used and distributed.

Copyright protection applies automatically upon the works being created and covers:

• Literary works (including books, articles, song lyrics, and computer programs);
• Artistic works (including paintings, photographs, sculptures, and diagrams);
• Musical works;
• Dramatic works;
• Films and broadcasts; and
• Sound recordings.

Once the original work is created, the author has the exclusive right to:

• Copy the work;
• Issue copies to the public;
• Lease or lend the work;
• Perform, show or play the work in public;
• Communicate the work to the public; and
• Make an adaptation of the work.

What is Copyright Infringement? 

Copyright infringement occurs when a party, other than the original author, uses all or a substantial part of a protected work without permission. This can include:

• Direct copying;
• Creating derivative works without authorisation;
• Distributing copies without permission; and
• Making works available to others without consent.

What are the Remedies for Copyright Infringement? 

Courts may impose injunctions to stop the infringing activity, order the delivery up or destruction of infringing items, and award damages or an account of profits to compensate for any financial harm suffered by the author of the original work. Additionally, the infringer may be required to pay the legal costs incurred by the author in bringing the claim. 

What are the Defences to Copyright Infringement? 

There are various defences that a party can assert if accused of copyright infringement. The most significant of these are the ‘fair dealing’ exceptions, which allow limited use of copyrighted works for purposes such as criticism, review, reporting current events, quotation, parody, caricature, or pastiche, provided the use is fair and, where required, the source is acknowledged. Additional defences include fair dealing for non-commercial research or private study and for illustration in instruction or educational purposes.

How can Samuels help?

If a copyright infringement has taken place, it is important to act quickly to protect your copyright. Our experienced team can assist by preparing formal letters of claim to demand that any infringement ceases, issue takedown notices to remove infringing content from websites and online platforms, applying for injunctions to stop ongoing infringement, and pursue claims for damages to recover losses. 

If you have been accused of copyright infringement, our team can assist by preparing a letter of response, engaging in settlement discussions and defending any court proceedings. 

Contact us today for a free initial discussion about how we can help.