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If you have created an item through the application of your creative skills or labour, you own the moral and economic rights to that book, artwork or piece of music. This means others cannot copy, publish, communicate, perform or sell your material without your permission.
The good news is Copyright is automatic. You do not need to register the work.
Where Etheringtons can help is when someone has infringed your copyright and copied, performed or presented your material without permission.
Etheringtons can bring an action on your behalf. This may be just a ‘cease and desist’ letter where the infringement is perhaps unintentional. Or it may be all the way up to legal proceedings that seek compensation and other redress.
What is a copyright?
Protection for any work of art, literature, music, film, sound recording, broadcast or computer software that you have created.
How long am I protected?
From the moment you produce the item until 70 years after the creator's death.
Is copyright protection granted worldwide?
Yes, you're protected in other jurisdictions that have signed international copyright treaties with Australia.
What are my options if someone has infringed my work?
In case of an infringement of your copyright you should send the infringing party a written warning first requesting for a cease and desist declaration. If this fails you have the option to go to court and to claim injunctive relief or to send in a statement of claim. Seeking injunctive relief is the fastest way to stop the infringer. You should obtain a result within a few days.
Should I use a © symbol?
It isn't necessary, but it does warn others off. And it creates prima facie evidence that you are regarded as the creator of any work which shows the ©. This means that the infringing party has to provide evidence that she created the work result, not the other way round. Accordingly, we highly recommend the use of the © symbol together with the creation date and your initials on every piece of work you have created.
Does Copyright vary according to form?
No, all creators of any kind of work protectable under the Copyright Act 1995 in Australia of the Copyright legislation worldwide enjoy the same rights, as long as your creation is capable of protection.
For FAQ on Copyright, click here
What next?
Contact us immediately if you have an issue, because timely advice can save money and time. We provide:
- A clear statement of your rights and responsibilities
- Your prospects for success
- An estimate of costs
For professional and effective assistance on Intellectual Property matters, call Etheringtons on 02 9963 9800 or email us at
We can help. Start the online application process here: Quote Form
