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What is copyright in Australia, how is it protected and when does infringement occur?
In this video, John Gallagher from Argon Law discusses the concept of intellectual property in the context of copyright in Australia.
Intellectual property is a bundle of rights that come into existence through the innovative use of our mind and knowledge. Intellectual property rights protect and benefit the people who create them, own them, or who acquire the right to use them in another way.
Copyright is one form intellectual property. It does not exist in ideas alone, but rather the detailed and original expression of ideas in a material form. These expressions are called “works” under Copyright law.
The Copyright Act protects different kinds of works, with the most common being literary, dramatic, visual and artistic works. Films, television broadcasts and sound recordings are also protected.
If Copyright exists, no registration is needed. The authors or owners of copyright automatically receive certain exclusive rights which expire 70 years from the date the author dies. This includes the right to exclude others from reproducing, publishing, performing or adapting the original work.
While copyright automatically receives protection upon creation, there is a difference between creating copyright and proving its existence when facing infringement allegations. This is why the copyright symbol often appears on certain works in conjunction with the author’s name, and the date of creation.
Infringement arises when a later work is objectively similar to an earlier work and these similarities are found to occur through a causal connection – namely, an inference of copying.
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Thinking about buying management rights? You need to understand your responsibilities to the body corporate, especially when maintaining common property. Then there are payments. Who will pay you and how?
When you have management rights, you will most likely need to care for the upkeep of common property which may be lawns, gardens, paths and even pools.
You will need to consult your caretaking agreement, which will detail the specifics of your duties. Normally, you will be paid an annual amount, in monthly installments.
Most of the time, a letting agreement is also a part of management rights. A letting agreement may give you the authority to let within the complex. If this is the case you need to have a resident letting agent licence. Owners can then request and pay for you find them a tenant, but the body corporate itself will not pay you for this service.
Please view our other video blogs on this topic or if you have any questions, please please visit argonlaw.com.au or call us on (07) 5443 9988
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