Drafting Concepts - copyright infringement


Copyright Info – How does Copyright Work become protected?

Information here has been sourced from the BDAQ Copyright Handbook, by R D Brandon First edition Aug 2001 & permission granted to use it.

For most of us there is a misconception as to what is Copyright.

The Copyright laws are most difficult to fully understand & even more difficult to manage.

For this reason I will only tough briefly on the subject to hopefully provide some insight.

COPYRIGHT EXISTS IN SKETCHES & PLANS NOT IDEAS OR CONCEPTS.

This in its self is wide open to contest.

How does Copyright Work become protected?

We know that the protection provided by copyright law requires no special action, no cost for registration or the like. It begins as soon as pen hits paper & lasts for 50 years after the author dies.

Provided the work is not a copy & that it is the product of the author’s skill & effort.

You can add a copyright notice but it is not required in Australia. (more…)

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Copyright Infringements

You may be infringing on a copyright by:

Reproducing, making public, broadcasting the work or part of the work (not necessarily a proportionally large part but should be an important part).

Authorising any of the above &/or using material that infringes the above.

Note that importing; selling or distributing infringing material is also an infringement of copyright.

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COMMON MISCONCEPTIONS

Common Misconceptions about Copyright:

WRONG

The law states that you are not infringing copyright if you do not know the work is subject to copyright.

WRONG

The client has paid for the work & therefore owns the copyright.

Unless copyright is assigned, the client is only licensed to deal with the work in a particular way.

WRONG

The client has infringed copyright by using the work without paying the fee.

Unless payment is a condition of the copyright licence.

WRONG

I have not infringed copyright because I have not changed more than 10% of the drawing.

You must not copy any element of the drawing. (more…)

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