Who owns the copyright in your brand?
Copyright is a form of intellectual property that protects the expression of ideas. Such work protected by copyright includes literary and artistic works, sound recordings, film and performances and computer programs and software. Copyright is automatically protected under the Copyright Act 1968 in Australia. In Australia, copyright lasts for 70 years post-death of the creator of the works. Copyright grants the owner the exclusive right to publish, reproduce, communicate and otherwise commercially exploit copyright works. Copyright can be sold or licensed and owners can receive ongoing royalties from licensees.
Copyright law is an extremely technical area of law and can often be misunderstood. At Ethikate® we have the technical expertise and commercial experience in copyright law to ensure that you get the right advice and protection in relation to your copyright matters. We will work with you to secure your copyright, identify any risks of potential copyright infringement and advise you on your business’ freedom to operate using copyright material.
Many have heard about copyright protection but not moral rights, which are also protected under the Copyright Act 1968. Moral rights grant the author of copyright works rights of attribution, the right not to have their work wrongly attributed and protection of their work from derogatory treatment. Moral rights are individual and cannot be transferred or waived. Even if your business owns copyright in your business materials, the author of the work will maintain the moral rights in that work and so it is crucial that your business is protected from potential breaches of moral rights.
At Ethikate® we will work with your business to ensure that your contracts have the appropriate moral rights clauses so that you have the freedom to use your business’ copyright material the way you want to.