What exactly does copyright protect?

In Plain English

Copyright law in Australia, as outlined in the Copyright Act 1968, gives creators exclusive rights over their original works. For literary, dramatic, and musical works, this includes the right to reproduce, publish, perform in public, communicate to the public, and adapt the work. For artistic works, it includes the right to reproduce, publish, and communicate the work to the public. Copyright also covers commercial rental arrangements for sound recordings of literary, dramatic, or musical works, and for computer programs.

Detailed Explanation

The Copyright Act 1968 Section 31(1) defines the nature of copyright in original works. It specifies that copyright is the exclusive right to do certain acts, depending on the type of work:

  • Literary, dramatic, or musical works: The copyright owner has the exclusive right to:
    • Reproduce the work in a material form (Section 31(1)(a)(i))
    • Publish the work (Section 31(1)(a)(ii))
    • Perform the work in public (Section 31(1)(a)(iii))
    • Communicate the work to the public (Section 31(1)(a)(iv))
    • Make an adaptation of the work (Section 31(1)(a)(vi))
    • Do any of the above acts in relation to an adaptation of the work (Section 31(1)(a)(vii))
  • Artistic works: The copyright owner has the exclusive right to:
    • Reproduce the work in a material form (Section 31(1)(b)(i))
    • Publish the work (Section 31(1)(b)(ii))
    • Communicate the work to the public (Section 31(1)(b)(iii))
  • Commercial Rental Arrangements:
    • For literary works (excluding computer programs) or musical or dramatic works, copyright includes the right to enter into a commercial rental arrangement for the work reproduced in a sound recording (Section 31(1)(c)).
    • For computer programs, copyright includes the right to enter into a commercial rental arrangement for the program (Section 31(1)(d)).

Section 32(1) of the Copyright Act 1968 states that copyright subsists in original literary, dramatic, musical, or artistic works that are unpublished and whose author was a qualified person when the work was made.