Everything you ever needed to know about copyright (in 15 mins)

Copyright: A property right that protects expression

Sargent, Noon after Millet, 1875

Van Gogh, Noon: Rest from work 1890 “If someone plays Beethoven, he adds his own personal interpretation; in the music, especially in the singing, the interpretation also counts and the composer doesn't have to be the only one to perform his compositions.” Van Gogh, Noon: Rest from work 1890 4

“If someone plays Beethoven, he adds his own personal interpretation; in the music, especially in the singing, the interpretation also counts and the composer doesn't have to be the only one to perform his compositions.” 5

Copyright is Automatic, it just needs to be: form of expression of information; in material form; created by an author(s); and original In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.

Periodicals and Journals Dissertations and theses Reports Photographs Books Manuscripts Poetry Periodicals and Journals Dissertations and theses Reports Photographs Pamphlets/brochures Textbooks Reference works Catalogues Directories Paintings, cartoons, sketches Software Websites and online works E-mail messages Musical works Original compositions and new arrangements of original compositions Copyright holder is the author of the work BUT copyright in a musical work is distinguished from copyright in the sound recording of that work. The creator of the original musical work has the right to authorise or make the first recording of that work. Is silence capable of being copyright?

Lasts for 70 years Except when it doesn’t

Reproduce Publish Perform publicly & communicate Adapt

licence exceptions permission insubstantial public domain Public domain image

Exceptions – Flexible Dealing (s200AB) Introduced 2006 – intended to cover uses of material that are for ‘socially useful purposes’ benefiting the broader Australian community www.libcopyright.org.au

Exceptions – Flexible Dealing (s200AB) Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183 For the purposes of “maintaining or operating” the library or archives? Or for “educational instruction”? Does the use meet the requirements of s200AB? The use must: Not conflict with normal exploitation of the work; Not unreasonably prejudice the copyright holder; and Be a special case. Nine metre high sculpture, French-American artist Louise Bourgeois – also at Mori Tower, Tokyo

Fair Use

What are you doing? What are you using? How much are you using? What about the copyright holder?

Orphan works

TPMs WIPO Library Treaty Marrakesh Treaty for BVIP Statutory licences Geoblocking Copyright and Contract Perpetual copyright unpublished works KAFTA, JAEPA and the TPP

La Grotta di Byron by Andrea CC BY 2 La Grotta di Byron by Andrea CC BY 2.0 altered by addition of Pirate Bay logo by Trish Hepworth Dawn over Porthmadog Harbour Ian Dalgliesh CC BY-SA

Martin Luther King, Lincoln Memorial 1963, US Department of Defence Public Domain

I HAZ DREAM Pietre & Renee Lanser: Doratella black tabby spotted & white female kitten CCBY 2.0, altered by Trish Hepworth