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Overview of the Australian Copyright Act 1968

Question:

Discuss about the Digital Culture and Electronic Tourism.

The Australian copyright act 1968 has legislated the enforceable rights of creators of Creative and artistic works under Australian law. The copyright under the Australian law has provided protection of the property which is introduced as per the basis of a person’s creative skill and works. It also protects the form or way of the idea of the information which has expressed through the skills but not Idea or information itself. This is also form of the moral rights of the creators where the Australian authority has provided the right of integrity of authorship, the right of attribution of authorship and the rights against false attribution of authorship. The copyright act has provided to protect the rights which includes the right to copy publish communicate and publicly Reform the copyright material (Stokes, 2014).

Under the Australian law the copyright act 1968 is helps to protect the original literacy work, dramatic, musical and artist works which must be made by a citizen of Australia or that person first published the work in Australia or it has a specified connection with the country which is member of the relevant International copyright treaty. The literacy work includes any writing or any other material which has been written by the creator or the inventor and it may includes letters, emails, articles, novels, poetry, song lyrics, time table, data bases and any other computer programs. The copyright has also helps to protect the names and titles of the creator who have created through his work which may include the books or novels or any computer based programs or website or business slogan anything (Murray & Unit, 2014).

The part 3 of the copyright act 1968 has provided the protection in the original literacy, dramatic, musical and artistic works which includes under the literacy the computer programs business slogans and website productions also. The section 36 of the copyright act 1968 has provided the legislation of infringement by doing acts comprised in the copyright where the person who is not the owner of the copyright act must not influenced with the original work and if that person has influenced the copyright protection then the owner of the work must have right to take any reasonable steps to prevent or avoid the doing the act for protection of his original work. The copyright act not protected the ideas or information of the work from the original author. The ideas, concepts, styles, techniques and information it never be protected under the copyright act. However names, titles and slogans are protected by the copyright when the person who is using the slogan for his business purpose and other person is also trying to use the same slogan then as per the area of the law the original author can protected such slogans with the trademarks registrations which helps to protect the slogan under the copyright act (Papageorgiadis, Alexiou & Nellis, 2016).

What Does the Copyright Act Protect?

One of the famous case of Federal Court of Australia Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] the case has been related with the trademarks under the copyright act where the trademarks has been influenced by the defendant where it has been found that the plaintiff and defendant has the same identical trademarks which has been registered under the same business name, domain name and the website layout. Internet advertisement is also has the similarity. Therefore the plaintiff has registration under the trademarks which helps him to get the legal authority to continue with his business Trademark whereas defendant has faced legal obligations (Schmelzer, 2014).

In another case state of State of Victoria v Pacific Technologies (Australia) Pty Ltd (No 2) [2009] has confirmed about the businesses which is interested in protecting their valuable trading names and slogans and want to registered trademarks rather than seeking to depend on the copyright. In this case the court has been processed the justice in the copyright Tribunal for The Pacific Technologies where they have a determination on the royalty payable by the state of Victoria for using their copyright phrase. Therefore it has been stated that copyright never subsist in the relevant phrase on the basis that the phrase was to ordinary insubstantial and common place to constitute an original literacy work under the copyright act 1968. Therefore it is only recognized as an idea therefore it never be protected under this act (Murray & Unit, 2014).

IceTV Pty Limited v Nine Network Australia Pty Limited [2009] is another Australian famous case of copyright act where it has been stated that literacy work has been in framed under the copyright act while a television programs has been broadcast on the television station. However the plaintiff has make the allegation infringement of copyright by Reproduction of substantial part of their weekly schedule and the copyright act has been infringed where the defendant has been fined with penalties for in French the copyright act 1968 (Papageorgiadis, Alexiou & Nellis, 2016).


The Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] is another case of Federal Court of Australia where it has been registered under the copyright protection act. In this case the decision has been given that allowed the subjects of the product for the user to acts reverse for the telephone searches service number which make it similar which related to the publicly listed directories which is some of the subjects was listed in a different fashion. In this case the owner of the telephone directories has found that they owned the rights in copyright in the subjects of those directories. Therefore the use of the data by the respondent has been stated the infringement of the copyright under the copyright act 1968 of Australia (Stokes, 2014).

Famous Australian Cases under the Copyright Act

According to the case facts Richard Mops has started a car rental company in his location which has its own website name Outback rentals and themed in a red, yellow and Orange color scheme and it also used the style font called the Outback. He has also design his website with the slogan ‘Zoom Zoom Australia’ and it offers various car rental options, holidays and tourism package for the customers. Duncan Davies is another person who has same car rental business in Central Australia which name is Red Dirt Rentals is also has using the slogan ‘Zoom Zoom Safaris’ for the past 10 years. He has also owned a website which has bright red and Orange color scheme and uses a stylish font called the Outback and it also offer the for the customer for 2 to 10 days holiday packages which includes rental, transport, tourism, food and Accommodation packages. Recently he noticed that the booking has been decreased significantly rather than the previous year while there regular customers are booking their usual 6 days vacation with the Outback rentals through their website. Now he wants to protect his website and business slogan under the copyright act of Australia (Murray & Unit, 2014).

Copyright is provide such rights where the creators has introduced their creative works such as text, artistic works, music, computer programs, sound recording. The rights has provided by the copyright owner for the production of the material where they has also write to perform of such work to the public. Therefore the copyright owners can involved in preventing their works others from reproducing communicating their work without their permission or may sell these rights to someone else. It also provides a separate right to the property right for any object or material where it actually works automatically. There is no need for copyright registration in Australia until there is a legal requirement to publish the work or to put a copyright notice on such work. It automatically protected as soon as it has been formed into material way which has been written down or recorded or introduces any computer program etc. However copyright never helps to protect ideas concept style or techniques (Stokes, 2014).

  • textual materials like any literacy work which includes journal, articles, novels, screenplays, poems, song, lyrics and reports
  • the computer programs like websites
  • the complications where the selection and arrangement of material may be protected separately from the individual items
  • the artistic work which includes cartoons, sculpture, craft work, drawing, painting, building, photographs
  • the dramatic works which includes plays, choreography, the musical work, lyrics, music itself or recording
  • the cinematograph films which includes video, film, DVD the sound recording like any music or story which is protected by the copyright
  • the broadcast which includes TV and radio broadcaster
  • The published editions like any publishers have their typographical arrangement which is completely separate from the copyright in works reproduce in the addition like poem on music anything.
  • The names titles and slogans are also maybe really too small but they are protected under the copyright act. Therefore if someone uses a name title or slogan which is already being used by someone else may create legal obligation for him such as trademarks (Schmelzer, 2014).

Under the Trademarks act 1995 it has protected such slogans on names or marks which should be registered under the Australian government for the protection under the copyright law and it will help the person to registration his own company name or business name for prevent others from registering and using the same name (Papageorgiadis, Alexiou & Nellis, 2016).

Trademark Protection and Business Slogans

Therefore according to the case study Duncan has a business from past 10 years. Therefore he should have a registration under the trademarks act for protect his website business slogan and for the protection of the website he can registered under the copyright Protection Act 1968 which helps him to running his business smoothly and prevent other person for not using his business name or slogans but the idea, style, techniques or information are never be protected under the copyright act (Murray & Unit, 2014).

The person who owner of the work has right to set the rules of copyright act. Therefore the copyright act set the general rule where the creator of the work of the person who is making such creation has right to published it publicly first and protect their work under the Federal Government of Australia. The copyright act has provided such rules where the creation of the work is protected for 70 years from the year of Publication. Therefore sometimes copyright owners can use some Technologies to protect their digital materials like computer software or website. Therefore it will help to identify and monitor digital copies of the material and if any infringement has been found by other person then that copyright owners can take any kind of legal action against the person who has beached the copyright act. Under the copyright act it is completely a criminal offence for infringing the copyright act of the creator (Stokes, 2014).

Conclusion

Therefore according to the case facts if it has been found that Richard Mops has infringed the copyright of Duncan business. However the original creator can claim for the damages and compensate for the money for the infringement. If the court is found that it has been infringement therefore the plaintiff can apply for an injunction for such infringement of the copyright. If a person has found guilty for the infringement of copyright act therefore he can be finned with monetary penalties or imprisoned for up to 2 years (Papageorgiadis, Alexiou & Nellis, 2016).

Reference

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 (5 June 2015)

IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14.

Murray, T., & Unit, I. P. (2014). Duration of Copyright Protection in Australia.

Papageorgiadis, N., Alexiou, C., & Nellis, J. G. (2016). International licensing revisited: the role of copyright and trademark enforcement strength. European Journal of Innovation Management, 19(2), 261-275.

Schmelzer, R. A. (2014). U.S. Patent No. 8,645,279. Washington, DC: U.S. Patent and Trademark Office.

State of Victoria v Pacific Technologies (Australia) Pty Ltd (No 2) [2009] FCA 737

Stokes, S. (2014). Digital copyright: law and practice. Bloomsbury Publishing.

Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] FCA 612

Trequattrini, R., Manfredi, S., Lombardi, R., & Scordino, L. D. (2017). Copyright-based industry and network theory: exploring new horizons. International Journal of Digital Culture and Electronic Tourism, 2(2), 83-102.

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My Assignment Help. Copyright Protection Under Australian Law Is Crucial For Essay Writers. [Internet]. My Assignment Help. 2018 [cited 29 February 2024]. Available from: https://myassignmenthelp.com/free-samples/digital-culture-and-electronic-tourism.

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