Understanding Copyright in Australia

InkSpire Creative
Aug 10
4 min read

What Is Copyright?

Under the Copyright Act 1968 (Cth), copyright is an automatic legal protection granted to original works once they are fixed in a tangible form—there’s no registration requirement. It safeguards the creator’s exclusive rights over their expression—not just ideas, but the specific way an idea is expressed.

What types of work are protected?

Protected works include:

Literary (e.g., articles, code),
Dramatic (screenplays, choreography),
Musical (compositions, lyrics),
Artistic (graphic design, digital design, website design, photos, drawings, sculptures etc),
Films, sound recordings, broadcasts, and published editions

Duration of copyright

General works: lasts for the life of the author plus 70 years
Sound recordings and films: protected for 70 years post-publication
Photographs taken before 1955 are in the public domain; those taken since are protected until at least 1 January 2026

Ownership and rights

The creator (author/maker) generally owns copyright. For works created by employees, the employer may own it unless otherwise stated in a contract
Ownership can be transferred or licensed through written agreement.
Moral rights (attribution, protection against false attribution or derogatory treatment) belong to individual creators and cannot be waived, though they can consent to specific breaches.

Exceptions: Fair dealing and freedom of panorama

Fair Dealing

Australia uses a "fair dealing" system, which allows limited use of copyrighted works without permission—but only for specific purposes:

Research or study
Criticism or review
Reporting the news
Parody or satire (added in 2006)
Legal proceedings or professional advice

To qualify, the use must be genuinely for a listed purpose and must be fair, considering factors like amount used and its impact.

Freedom of panorama

Under sections 65–68 of the Act, you may photograph, paint, film, or broadcast permanently located artistic works (e.g., sculptures, building facades) in public spaces without infringing copyright. However, this does not apply to works not permanently in public spaces—like street art, unless explicitly allowed.

Types of creative work explained

Copyright and Graphic Design

Protected automatically under the Copyright Act 1968 (Cth) as an artistic work once it is created and fixed in a tangible form (digital file, printed, etc.).
The creator (designer) owns the copyright unless:
- They are an employee creating the work as part of their job (then the employer usually owns it), or
- They have assigned ownership via a contract.
Covers:
- Logos, illustrations, and layouts
- Marketing materials
- Infographics, icons, and UI elements
- Packaging designs
Copyright protects the specific expression, not the idea—so a general concept or style isn’t protected, but the exact execution is.

Other IP Rights and Graphic Design

Trade marks – If a logo or brand element is used to distinguish a business, it can also be registered as a trade mark for stronger, ongoing protection.
Design rights – Can apply if the visual appearance of a product is new and distinctive (e.g., packaging shape, product form).
Contracts & Licensing – Essential for clarifying who owns the design, how it can be used, and any limitations.

Practical Tip for Designers

If you’re a freelance or agency designer, always have:

A contract that outlines copyright ownership (whether you’re assigning or licensing rights).
Licensing terms if the client is not buying full ownership.
A clause about third-party elements (fonts, stock images, templates) so clients know their usage rights.

Photography and images

The photographer typically owns the copyright unless otherwise agreed.
If taken as part of employment, the employer often holds copyright unless a contract states otherwise.
Licensing agreements are essential to manage usage rights and avoid infringement.

Writing and literary works

Any original written material—books, articles, scripts, code—is protected. Businesses must clarify ownership through contracts, especially with freelancers or developers.

Videography and films

Films and audiovisual works enjoy copyright. Their protection period aligns with the sound recording rules—70 years post-publication.

Animation and dramatic works

Animations fall under dramatic works or artistic works and are protected similarly. Original choreography or screenplays are also protected under the same principles.

Risks and enforcement

Infringement

Using copyrighted material without permission—even in part—can result in legal claims, injunctions, damages, or criminal penalties (including fines up to around AU$117,000 or imprisonment).

Enforcement

Creators may use a notice-and-takedown process for online infringement or seek professional legal advice to pursue further action.

Final Thoughts

Australia’s copyright system strongly protects creators, providing extensive rights with minimal formalities—but also includes carefully defined exceptions like fair dealing and freedom of panorama. Contracts are key to managing ownership, especially for collaborative or commissioned work.

If in doubt, particularly for complex or commercial projects—consulting an intellectual property lawyer is vitally important.

Protect Your Creativity. Grow Your Brand. At Inkspire Creative, we help you create, protect, and maximise the value of your ideas, from logos and brand assets to photography, animation, and digital content. Whether you’re starting a business, refreshing your brand, or rolling out a campaign, we’ll ensure your creative work is not only stunning but safeguarded.

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