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    • List of Recommended Picture Framers
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    • How to pack artwork
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  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to Price Your Art >
      • How important is price when buying art?
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      • How artists price their art
      • The price of affordable art
    • How to create an Invoice
    • How to work out profit from an art sale
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      • UK Insurance Policies for art and artists
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Copyright and intellectual property
​in Australia

Below you can find links to official websites in Australia
​dealing with copyright and intellectual property matters in Australia
​


This page covers the key organisations are: 
  • Department of Communications and the Arts - Introduced in 2016. Its policy responsibilities now include the arts portfolio including cultural affairs, copyright and classification policy. It is responsible for managing the Copyright Act 1968 and is the lead agency for whole-of-government issues on the management of IP.
  • IP Australia - dealing with intellectual property matters
  • the Australian Copyright Council
  • the Australian Government Attorney-General's Department (Commercial and Administrative Law Branch) - a very poor website for being able to find ANY information on copyright!
  • the Australian Library and Information Association​
Plus links to online responses from the Australian community and independent commentators

​The image at the top is the building hous
ing the Department of Communications and the Arts in Canberra.

​

Copyright Law in Australia
​

No particular level of literary or artistic merit is required for copyright to subsist in a work. However single words, slogans or titles are not sufficiently substantial to be protected as works. They may be protected by other legal means, such as a trademark or under the Trade Practices Act 1974 (Cth).
  • Australian copyright law overview - Creative Commons
The Laws
  • ​The Copyright Act 1968 is the legislation from which copyright law in Australia stems.
  • The Copyright Amendment Act 2006 
Until 2004, copyright in Australia was based on the "plus 50" law which restricts works until 50 years after the author's death. In 2004 this was changed to a "plus 70" law in line with the USA and European Union, but this change was not made retroactive. The consequence is that the work of an author who died before 1955 is normally in the public domain in Australia.
Copyright law in Australia - Wikipedia
REFERENCE Articles about Australian Copyright
  • Indigenous Cultural and Intellectual Property (ICIP) - This information sheet describes what ICIP is and what aspects of ICIP are currently protected under Australian law
  • Australian copyright law overview - Creative Commons - two page printable summary of key facts about copyright law in Australia​
  • Copyright in Australia | wikipedia
  • Smartcopying - The Official Guide to Copyright Issues for Australian Schools and TAFE - This a reference guide only and is not intended to provide legal advice. 
  • Authentic Design Alliance - advocates for the use of genuine design product and helps members to encourage their clients to choose the genuine article.
The Arts Law Centre of Australia 
​

This is is the national community legal centre for the arts in Australia. . Its roles is to help those needing assistance with the legal aspects of being an artist. Such help includes: 
  • legal services,
  • information and sample agreements
  • publishing,
  • advocating and
  • undertaking policy research.
The Artists in the Black Project provides services, resources and an advocacy role in relation to Indigenous Cultural and Intellectual Property.​
The Australia Law Reform Commission
The Australian Law Reform Commission is a federal agency that reviews Australia’s laws to ensure they provide improved access to justice for all Australians by making laws and related processes more equitable, modern, fair and efficient.

So far as copyright is concerned...
  • Copyright and the Digital Economy -  available for free as an EPUB for use in mobile devices. 
  • The Case for Fair Use in Australia 
  • Trends in consumer use of copyright material
  • The implications of cultural policy for copyright reform
  • Competition issues and copyright reform - The ACCC considered that competition in copyright markets will generally maintain incentives for the creation of copyright material and promote fair licensing schemes

Copyright and intellectual property organisations in Australia

Department of Communications and the Arts
Address: 
38 Sydney Ave, Forrest ACT 2603
​

The Department of Communications and the Arts manages the Copyright Act 1968 and works on copyright policy in Australia, and international copyright issues.
  • Copyright page

TNS Australia worked with this DCA to produce reports on copyright infringement
  • Australian Online Copyright Infringement Research (full report) (PDF)
  • ​Australian Online Copyright Infringement Summary of Research Findings (PDF)
​​
IP Australia
Postal address: PO Box 200, Woden ACT 2606

IP Australia is the Government organisation that administers intellectual property matters i.e. the patents, trade marks, designs and plant breeder's rights system
  • IP Australia - Welcome to the home page of IP Australia
  • Choosing the Right IP? - tool for choosing the right form of intellectual property to register
  • IP Australia : Understanding IP - Learn more about IP and how it applies to you and your art business
  • ​IP Australia - IP Infringement - how to enforce your IP and what to do if somebody is infringing your copyright
The Australian Copyright Council

This is a not-for-profit organisation which provides information, advice and training about copyright in Australia.
  • Australian Copyright Council - Supporting a creative Australia through information, advocacy and legal advice on copyright
  • An Introduction to Copyright in Australia dated March 2014 (Adobe PDF File)
  • Articles on copyright issues by Copyright Council staff lawyers
  • Other Copyright-related documents
The Australian Library and Information Association 
  • Statement on copyright and intellectual property | The copyright and intellectual property system must ensure a fair and equitable balance between creators, owners and users, and the needs of the public.
​
Museums Australia
  • Copyright and Intellectual Property
Key points
• Copyright provides creators with an incentive to create new works and a legal framework for the control of their creations.
• Copyright protection is free and applies automatically when material is created.
• There is NO registration system for copyright in Australia.
• Copyright does not protect ideas, information, styles or techniques.
• Copyright does not protect names, titles or slogans. • There are no general exemptions from copyright law for non-profit organisations.
• There are some situations where copyright law allows people to use copyright material without permission for their own personal use, but these are narrow and specific.
• Australian copyright law applies to actions that take place in Australia, even if the material used was created or first published in another country
​An Introduction to Copyright in Australia ​ (2014)
​Australian Government Attorney-General's Department
​

The Australian Government administers copyright.
  • The Short Guide to Copyright - published in 2012
  • This is the page about their Copyright and Classification Policy
  • Australian Government Attorney-General's Department - e-News on Copyright - access to archives of Past issues -e-News on Copyright-News on Copyright
Picture
Attorney-General's Department, Canberra (Source: Wikimedia Commons)

Copyright collecting agencies
​

Copyright protection is free and automatic in Australia. There is no registration system.
Some websites offer copyright protection or to "register" copyright for a fee. These websites have no authority to guarantee copyright protection.
Australian Government on copyright
Copyright collecting agencies in Australia make sure creators are rewarded for their creativity.
  • They are non-governmental groups which manage the rights of copyright owners.
  • They negotiate licences with individuals and Government
  • They receive payments, which they pass onto copyright owners.
These are copyright collecting agencies relevant to artists
  • Visual Artists Copyright Collecting Agency (Viscopy) - (NOTE: VERY SLOW WEBSITE!) responsible for licensing copyright in artistic works. It pays the artist or copyright owner a royalty for the reproduction. VISCOPY represents its artist members for the full range of rights, reproduction, publication and communication, thereby providing copyright users with authorised access to thousands of artistic works for commercial, non-commercial and educational purposes.
  • Copyright Agency Limited (CAL), representing authors, journalists, visual artists, surveyors, photographers and newspapers, magazine and book publishers.

GO TO HOME

​GO TO COPYRIGHT
  • Copyright and artists' rights
  • Copyright infringement and fair use - for artists 
  • How to protect artwork online
  • How to do a reverse image search 
  • What to do about copyright infringement - for artists 
  • Global Conventions on Copyright

Note: I'm not a lawyer and you should not rely on any assertions I make as legal advice. I'm just an ordinary artist and writer who is trying to make sense of copyright in relation to visual art - and what artists can do if their copyright is infringed and/or others act in such a way as to create orphan works from their copyright protected artwork. These pages organises links to what seem to me to be relevant websites. If you need the help of a lawyer you should engage a professional.
ABOUT ART BUSINESS INFO. FOR ARTISTS
This website provides a compendium of resources about the art business for artists. 


It helps artists learn how to do better at being business-like, marketing and selling art and looking after their financial security.
Copyright Katherine Tyrrell | Making A Mark Publications - all rights reserved
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PLEASE NOTE:
1) Content and the law change all the time.
​2) Given the size and scope of this site I do NOT warrant that
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  • all links lead to the most current and up to date information.
3) This website is free for you but not for me. ​Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser.
  • Home
    • Art Business Information Index
  • NEWS
  • PRACTICE
    • Starting Out - Tips
    • Office Practices >
      • Legal Matters
      • Data Protection for Art and Artists
      • Risk Management for Artists
      • How to back up image files
    • Best Art Business Books
    • Learning Opportunities >
      • Art Schools in the UK
      • Art Business Courses
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Writing for the Web
    • Image sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
    • E-commerce for artists
    • A Guide to Art Agents and Consultants
    • Selling Art from Home
    • Open Studios
    • Art Exhibition Checklist for Artists
    • Art Fairs
    • A Guide to Art Dealers & Galleries
    • The Artist-run Gallery
    • The Vanity Gallery
    • Alternative Options for Exhibitions
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • Post & Parcel Services
    • UK Art Transport Services
    • USA Art Transport Services
    • How to pack artwork
    • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art to exhibitions
    • How to ship art internationally
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • How to create an Invoice
    • How to work out profit from an art sale
    • Insurance for Art and Artists >
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants, ​Scholarships and Residencies
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • VAT for Artists
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
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