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Copyright is a bundle of rights – it's not just one right, but rather is made up of a number of rights, all of which can be controlled by the copyright owner.
Copyright owners’ rights are a fundamental part of the copyright system.
Photo: Garry Knight. CC BY 2.0. Full attribution information below.
To understand how copyright works it is important to understand the rights that make up copyright protection, and how they vary depending on the type of material. There are three types of rights in copyright:
Economic rights
The main group of rights granted by the Copyright Act allow the copyright owner to restrict the reuse of their material by other people without their consent. These rights are often referred to as ‘economic rights’.
The copyright owner has the right to prevent uses that would infringe copyright in their material. They also have the right to authorise others to use the work by granting a licence or to transfer or assign their rights to another party. And in some cases copyright owners also have the right to be paid for the use of the work, such as through royalties from statutory licences.
Economic rights vary depending on whether the material is a work or other subject matter.
Economic rights in works
The same rights apply to literary, dramatic and musical works whereas artistic rights have fewer rights. The economic rights in other subject-matter are similar to the economic rights in Works but they aren’t exactly the same.
Economic rights for literary, dramatic and musical works
The copyright owner of a literary, dramatic and musical work has the exclusive right to:
- Reproduce the work in a material form
- Publish the work
- Perform the work in public
- Communicate the work to the public, such as by making it available online or electronically transmitting the work to the public, including by broadcasting it
- Make an adaptation of the work.
With respect of any adaptation of a copyright owner’s literary, dramatic or musical work, they also enjoy the exclusive right to reproduce the adaptation in a material form, publish the adaptation, perform the adaptation in public and communicate the adaptation to the public.
Any literary work (other than a computer program), musical work or dramatic work that is reproduced in a sound recording also attract the right to commercially rent the sound recording. Computer programs attract the right to commercially rent the computer program.
Economic rights for artistic works
Artistic works do not attract the public performance or adaptation rights that literary, dramatic and musical works enjoy. Owners of artistic works have the exclusive right to:
- reproduce the work in a material form
- publish the work
- communicate the work to the public, such as by making it available online.
Economic rights in other subject matter
The economic rights in other subject matter depend on whether the material is a sound recording, film, broadcast or a published edition of one or more works.
Economic rights in sound recordings and films
The copyright owner of sound recordings and films have the exclusive right to:
- make a copy of the sound recording or film
- cause the sound recording to be heard in public or cause the visual images of the film to be seen in public and/or the sounds of the film to be heard in public
- communicate the sound recording or film to the public, such as by broadcasting it or making it available online.
Copyright owners of sound recordings also have the right to enter into a commercial rental arrangement in respect of the recording.
Economic rights in broadcasts
The rights enjoyed by a copyright owner of a broadcast depend on the type of broadcast. Copyrigh owners of both television broadcasts and sound broadcasts (i.e. radio broadcasts) have the exclusive right to:
- re-broadcast the broadcast
- communicate the broadcast to the public by some other means other than broadcasting it, such as by make it available online.
Copyright owners of sound broadcasts (i.e. radio broadcasts) also have the exclusive right to:
- make a sound recording of the sound broadcast
- copy that recording of the sound broadcast.
Copyright owners of television broadcasts also have the exclusive right to:
- make a film of the visual images of the television broadcast
- copy that film of the visual images of the television broadcast
- make a sound recording of the sounds of the television broadcast
- copy that sound recording of the sounds of the television broadcast.
Economic rights in published editions of works
Owners of published editions of one or more literary work have the right to make a facsimile copy (i.e. an exact copy) of the edition.
Duration of economic rights
The economic rights copyright owners get under copyright law continue for the full duration of copyright in the material. More information about how long copyright lasts is available in ‘Duration of copyright’.
Infringement of economic rights
As a general rule, an infringement of economic rights happens when someone else uses copyright-protected material in a way that is within the scope of the copyright owner’s exclusive rights. More details on infringement of copyright (economic rights) is available in ‘Infringement of copyright’.
Moral rights of authors of works and films
Most copyright-protected works and films also attract moral rights. They relate to a creator’s personal connection to their creations, ensuring they are identified as the creator and that their material is not used in a way that is contrary to their wishes. These rights allow the author of literary works, dramatic works, musical works and artistic works or the director, producer or screenwriter of films (collectively called filmmakers) to take certain actions to preserve and protect their connection with their work.
In Australia, there are three moral rights. They are:
- the right of attribution of authorship
- the right not to have authorship falsely attributed
- the right of integrity of authorship of a work.
In Australia moral rights occur automatically when a literary, dramatic, musical or artistic work or a film is created. They apply in addition to any other rights and in relation to use of the whole work or a substantial part of it.
Only individuals have moral rights. Where two or more people are joint authors of a literary, dramatic, musical or artistic work or two or more people were the principal directors, producers or screenwriters of a film each has moral rights individually.
Authors and filmmakers cannot assign, transfer or sell their moral rights. But they can give consent for their work to be used in specific ways. While moral rights are not transmissible by assignment, will or devolution by operation of law, all moral rights of authorship except the right of integrity of authorship in respect of a film can be exercised and enforced by the author’s or filmmaker’s legal personal representative. If the affairs of an author or filmmaker are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), their moral rights may be exercised and enforced by the person administering their affairs.
You can also use material in ways that are reasonable without breaching moral rights eg not attributing the author if they are not identified. The consent of one person to any act or omission affecting their moral rights does not affect the moral rights of any other moral rights holders.
The right of attribution of authorship
An author of a literary, dramatic, musical or artistic work and a filmmaker of a film have a right of attribution of authorship which gives them the right to be identified as the creator of the material. Generally, the right comes into play any time an attributable act occurs in relation to the work or film.
It is an attributable acts when a literary, dramatic and musical works is:
- reproduced in a material form
- published
- performed in public
- communicated to the public, such as by making it available online
- adaptated.
For artistic works, attributable acts occur when the works is:
- reproduced in a material form
- published
- exhibited to the public
- communicated to the public, such as by making it available online.
Attributable acts in relation to films occur when the film is:
- copied in a material form
- exhibited in public
- communicated to the public, such as by making it available online.
The author or filmmaker may be identified by any reasonable form of identification. However, if a creator has made known a particular way they wish to be identified, and the identification of them in that way is reasonable in the circumstances, the attributing party must comply. Making a preferred way of being identified can be made generally or specifically to a person who is required to identify the author or filmmaker.
An identification of the author or filmmaker must be clear and reasonably prominent. When a work is reproduced, an adaptation is made of a literary, dramatic or musical work, or a copy of a film is made, occurs when the identification of the author or filmmaker is included on each reproduction of the work or of the adaptation or on each copy of the film, in such a way that a person acquiring the reproduction or copy will have notice of the author’s identity.
The right not to have authorship falsely attributed
The right of attribution is about being acknowledged as the creator, whereas the right against false attribution allows the author or filmmaker to prevent someone else falsely claiming or implying they are the author of a work or maker of a film. The right comes into play any time an act of false attribution occurs in relation to the work or film.
In relation to a literary, dramatic and musical works, it is an act of false attribution when:
- a person’s name is inserted or affixed in or on the work or a reproduction of it in such a way as to falsely imply that the person is the author or an author of the work or the work is an adaptation of a work of the person, including authorising someone else to do so.
- dealing with the work or a reproduction of the work with a person’s name inserted or affixed where the person required to attribute knows that the person whose name is inserted or affixed is not an author of the work or that the work is not an adaptation of a work of the person
- performing the work or communicating it to the public as a work of which a person is the author or as being an adaptation of a work of a person where the person required to attribute knows that the person whose name is inserted or affixed is not an author of the work or that the work is not an adaptation of the work of the person.
An act in relation to an artistic work works is an act of false attribution when:
- a person’s name is inserted or affixed in or on the work or a reproduction of it or a person’s name is used in connection with the work or a reproduction of it, in such a way as to falsely imply that the person is the author or an author of the work or the work is an adaptation of a work of the person, including authorising someone else to do so.
- dealing with the work or a reproduction of the work with a person’s name inserted or affixed where the person required to attribute knows that the person whose name is inserted or affixed is not an author of the work or that the work is not an adaptation of a work of the person
- communicating the work to the public as a work of which a person is the author where the person required to attribute knows that the person is not an author of the work.
Acts of false attribution in relation to films occur when:
a person’s name is inserted or affixed in or on to insert or affix on the film or on a copy of the film in such a way as to imply falsely that the person is the director, producer or screenwriter of the film, including authorising someone else to do so
dealing with the film or a copy of the film if a person’s name has been inserted or affixed where the person required to attribute with the work knows that the person whose name has been inserted or affixed is not the director, producer or screenwriter of the film
communicating the film to the public as being a film of which a person is the director, producer or screenwriter where the person required to attribute knows that the person whose name has been inserted or affixed is not the director, producer or screenwriter of the film.
If the work, reproduction of a work or film in question has been altered by a person other than the author of the work or the filmmakers, then it is an act of false attribution to deal with the altered work, reproduction or copy of the film as if it is the unaltered work, reproduction of the work or the unaltered film if the person dealing with the work, reproduction of film knew it was an altered version.
The right of integrity of authorship
Authors of literary, dramatic, musical and artistic works and filmmakers also get a right of integrity of authorship in respect of the work which allows them to stop the work or film from being subjected to derogatory treatment. For all works and films that is doing anything that results in a material distortion of, mutilation of, or a material alteration to the work or film that is prejudicial to the author’s or filmmaker’s honour or reputation or doing of anything else in relation to the work or film that is prejudicial to the author’s or filmmaker’s honour or reputation. For artistic works two additional acts may also be a derogatory treatment:
- doing anything that results in the destruction of the artwork that is prejudicial to the author’s honour or reputation
- exhibiting the artwork in public where the exhibition is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs.
Moral rights of performers (Performers' rights)
Performers in a live performance or recorded performance also attract moral rights with respect to their performances. This includes performances of:
- dramatic works (including improvisations), such as theatre, puppetry, dance, circus acts and an expression of folklore
- musical works (including improvisations)
- a reading, recitation or delivery of a literary work, or part of a literary work, and the recitation or delivery of an improvised literary work.
For musical works that were conducted by a conductor, the conductor is also a performer of the work.
The performance must have been given in Australia or given by one or more qualified persons (even if it is also given by one or more persons who are not qualified persons). It does not matter whether the peformance occurred in the presence of an audiences.
While moral rights are not transmissible by assignment, will or devolution by operation of law, all moral rights of performership can be exercised and enforced by the performer’s legal personal representative. If the affairs of a performer are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), their moral rights may be exercised and enforced by the person administering their affairs.
The right of attribution of performership
Performer have a right of attribution of performership which gives them the right to be identified as a performer in the performance. Generally, the right comes into play any time an attributable act occurs in relation to the performance.
It is an attributable acts when a live performance is:
- communicated to the public, such as by making it available online
- staged (put on) in public.
For recorded performance, attributable acts occur when the performance is:
- copied
- communicated to the public, such as by making it available online.
The performer may be identified by any reasonable form of identification. However, if a performer has made known a particular way they wish to be identified, and the identification of them in that way is reasonable in the circumstances, the attributing party must comply. Making a preferred way of being identified can be made generally or specifically to a person who is required to identify the performer. Where a performance is presented by performers who use a group name, then identification by using the group name is sufficient identification of the performers in the group.
An identification of a performer must be clear and reasonably prominent or reasonably audible. When a copy of a recorded performance is made, reasonably prominent identification of the a performer or group of performers occurs when the identification of the performer or group of performers is included on each copy of the recorded performance, in such a way that a person acquiring the copy will have notice of the author’s identity.
The right not to have performership falsely attributed
Like authors of works and makers of films, performers have a right against false attribution to stop someone else falsely claiming they are a performer of a work. The right comes into play when an act of false attribution occurs in relation to the work.
Acts of false attribution in relation to live performances occur when, immediately before, during or immediately after the performance is put on (staged), a person putting on (staging) the performance (i.e. the person that makes the arrangements necessary for the performance to take place) states or implies falsely to the audience or intended audience that a person is, was or will be a performer in the performance or that a group of performers is, was or will be presenting the performance, including authorising someone else to do so.
For recorded performances, an act is an act of false attribution when:
- a person’s name or a group name is inserted or affixed in or on a record embodying the performance in such a way as to falsely imply that the person is a performer in the performance, including authorising someone else to do so.
- dealing with a record embodying the performance with a person’s name or a group name is inserted or affixed where the person required to attribute knows that the person whose name is inserted or affixed is not a performer in the performance or the group whose name is inserted or affixed are not performers in the performance
- communicating the performance to the public as a performance in which a person is a performer or a group are performers where the person required to attribute knows that the person is not a performer in the performance or the group are not performers in the performance.
If a recorded performance has been altered by a person other than a performer in the performance, then it is an act of false attribution to dealing with the altered copy of the recorded performance as if it were not an altered copy if the person dealing with the copy knew it was an altered copy.
The right of integrity of performership
Each performer in live or recorded performances have a right of integrity of performership in respect of the performance, meaning they have the right not to have the performance subjected to derogatory treatment. For both live an recorded performances a derogatory treatment is the doing of anything that results in a material distortion of, mutilation of, or a material alteration to, the performance that is prejudicial to the performer’s reputation.
Duration of moral rights
The duration of moral rights depends on the right in question and whether the person involved is an author of a work, a maker of a film or a performer in a performance. Generally, moral rights in a work, film or performance continue for the duration of copyright in the material, however more details on the duration of moral rights is available in ‘Duration of copyright’.
Infringement of moral rights
As a general rule, an infringement of moral rights happens when:
- an attributable act occurs in relation to a work, film or performance and the author, filmmaker or performer was not identified and it was not reasonable in the circumstances not to do so.
- an act of false attribution occurs in respect of a work, film or performance
- a work, film or performance is subjected to derogatory treatment and it was not resonable in the circumstances to do so.
More details on infringements of moral rights is available in ‘Infringement of copyright’.