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The contents of this site, including all images, text and other electronic representations may be reproduced for educational purposes under the doctrine of public domain. “Australia’s Civil War Veterans” encourages the broadest possible access to and utilisation of the collections it holds in the public domain.

Reproduction for purposes other than fair use or for other than educational purposes is permitted only with written permission, and it is the responsibility of the party using the reproduced material to ascertain its copyright status and to obtain the necessary permission from the copyright holder to use the material.

Information on this website has been researched by and is maintained by its creator with updates and corrections as new information is uncovered.

Links to other websites are inserted for convenience and do not constitute endorsement of or by those sites, or any associated organisation.

The listing of a person or company in any part of this website in no way implies any form of endorsement by that person or company.

This website is graphically intensive so if any images are requested we would be happy to forward same on request.

Copies of all such information is available free of charge upon request - CLICK HERE

Software used in this website's creation:-

Copyright © 2000 ACWV. Copyright in all works subject of this site belongs to the contributors to, and Cracker Publications, and all rights conferred by the law of copyright and by virtue of international copyright conventions reside with and are the sole responsibility of each specific said contributor. All copyright or other proprietary notices are the responsibility of said contributor who has provided Cracker Publications with requested materials to be used.

PUBLIC ACCESS: The information contained in this website is for general information purposes only. The information is provided by Cracker Publications and whilst we endeavor to keep the information legally correct, we make no representations or warranties of any kind, express or implied, about the copyright, accuracy, reliability, suitability or availability with respect to the information, products, services, or related graphics contained on the website for any purpose.

In no event will Cracker Publications assume liability for any loss or damage including without limitation, indirect or consequential loss or damage, any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website, or of any claim relating to prior or existing copyright; which is the sole responsibility of the contributor who provided information, sketches, drawings, pictures or photos to Cracker Publications for production purposes.

Every effort is made to produce the highest quality product for customers and to protect all copyright holders, but. Cracker Publications assumes no responsibility for, and will not be liable for, any responsibility relating to copyrighted items, which is the responsibility of contributors. Confirmation of copyrighted or non-copyrighted materials reflects on technical issues beyond our control

No guarantees or warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose, are made as to the accuracy, quality, completeness, availability or usefulness of data, product, or process disclosed, provided through this service, and no responsibility or legal liability is assumed for any damages or inconvenience arising from its use or related copyright protections. All contributors are specifically and totally responsible and libel for any copyright or international copyright infraction.

You may not, except with Cracker Publications written permission, distribute or commercially exploit the content.

What does copyright protect?

Copyright is a type of legal protection for people who express ideas and information in certain forms. The most common forms are: writing, visual images, music and moving images.

Copyright protects the form or way an idea or information is expressed, not the idea or information itself. For information about legal protection for ideas and concepts, see our information sheet

Key points

	Copyright does not protect ideas, but rather particular works in which ideas are expressed, described or put into effect – for example, as a screenplay or a drawing.
	A person who discloses a secret idea to another person on a confidential basis may have a legal claim for breach of confidence if the second person uses the idea in ways that were not permitted.
	An idea which is an invention or a new method of manufacture may be registerable as a patent.
	A design for a functional article may be registerable under the Designs Act.
	A trader who has established a reputation in a market with a certain image or “get up” may be able to take legal action against another person who uses that image or “get up” in ways not permitted.

In Australia, copyright law is contained in the Copyright Act 1968 (Cth) and decisions of courts. An idea or concept, in itself, is not protected by copyright. Nor are facts, information, systems, methods or techniques protected by copyright. Copyright therefore does not protect things like: a marketing idea; a teaching technique; an idea for a game; or an idea for a new device or product. Rather, copyright protects the way the idea or information is expressed:

	in writing—for example, as a written report, a novel, a play, a newspaper article;
	as a table or chart;
	as a drawing or other visual representation, such as a painting, sculpture or a work is protected automatically from the time it is first written down or recorded in some way, provided it has resulted from its creator’s skill and effort and is not simply copied from another work.

If you want to use copyright material in any of the ways reserved to the copyright owner, you need permission, unless a specific exception to infringement applies.

Key points

	Even if the creator of copyright material has died, you generally still need to get permission to use the material. In this case, the copyright owner may be the person or people who inherited the creator’s assets.
	The Copyright Act does not allow you to use material without permission if you can’t identify the copyright without permission, you will infringe copyright.
	If you have used copyright material without permission, using “good faith notices” or statements that you were unable to contact the copyright owners does not alter your legal liability for infringement, but may,depending on the circumstances, be a way to minimise adverse effects of your infringement.
	The creator of copyright material is not always the copyright owner.
	The owner of a physical item does not necessarily own copyright. For example, a gallery or museum does not necessarily own copyright in items in its collection.
	As well as clearing copyright, you need to ensure that you do not infringe the creator’s moral rights.
	There is no registration of copyright in Australia: artworks are automatically protected by copyright once they are created and put into “material form”.
	Copyright does not protect ideas, information, styles or techniques.
	Creators of artworks have “moral rights”, even if they don’t own copyright.
	There is no rule allowing you to copy artworks without permission if you make a certain number of changes, or change a certain percentage.

	not copied from something else; and
	recorded in “material form” (that is, in a form from which they could be reproduced: for example, by making a craft item, painting a picture, taking a photograph or making an artwork in digital form). A wide range of things are included in the category of “artistic works”, including: drawings and paintings.

Agreements about ownership

If you create work on commission, or you commission other people to create artworks, it is always a good idea to set out the terms and conditions of the agreement in writing. Where such an agreement has been made, it is the first place to look to work out who owns copyright and what rights each person has in relation to the material.

What if I only use part?

Even if you are only using part of the work, you will generally need permission, if what you are using is a “substantial” (important, essential or distinctive) part of the work. For example, if it were still in copyright, the famous smile of the Mona Lisa would be a “substantial part” of that painting, although the mouth takes up a very small proportion of the canvas.

How do I get permission?

If the artist is a member of a copyright collecting society, you may be able to get permission from the society.

The major copyright collecting society for artists is VISCOPY: http://www.viscopy.com. Some artists (especially those who illustrate books and other print publications) may be members of Copyright Agency Ltd (CAL): http://www.copyright.com.au.

In other cases, you may need to contact the artist directly. If you want to reproduce a work that has been published in a book or on articles such as cards or T-shirts, the publisher or manufacturer may be able to give you information about who to contact for permission. There are also a number of organisations that license artworks such as cartoons.

Copyright law does not protect styles or techniques. However, if another artist’s use of your distinctive style law of “passing off”, consumer protection legislation or trade practices legislation. You will generally need to get advice from a lawyer with expertise in these areas of law.

Creating artworks on commission

If I am paid to create a design, what rights does the client have?

As noted above, a freelance artist or designer is usually the first owner of copyright. Generally, the client will have the right to use the design for the purpose for which it was commissioned. It is a good idea to have a written agreement which sets out the client’s rights.

Can I use another person’s work without permission if I make changes?

You do not escape the obligation to get permission by making changes or additions to a work (such as changing the colours). If you can put two works side by side and identify important parts that have been copied, it is likely that you need permission.

Do I need permission to make a painting or drawing based on a photograph?

Generally, if you use a photograph as a source of information (for example, for information about the colours or proportions of an animal), you will not need permission. However, if you reproduce an important part of the photographer’s composition, you may need permission.

Do I need permission to photograph or draw public art?

You may draw, paint, photograph or film a sculpture or work of artistic craftsmanship which is publicly displayed “other than temporarily” without permission from the copyright owner. This does not apply to other public art, such as murals. You may draw, paint, photograph or film a building without permission.

Do I need permission to copy a photograph of an artistic work from a book?

There may be two copyrights: copyright in the artistic work (for example, a painting) and copyright in the photograph of the artistic work. You will generally need permission from the owner of copyright in the artistic work unless the copyright has expired.

It is not clear whether you need permission in relation to the photograph, where the photograph depicts nothing but the artistic work and is indistinguishable from other photographs of the same work. There are strong arguments that you do not need permission in such cases. However, if the photograph of the artistic work is distinguishable from other photographs of the same artwork, you will generally need permission from the owner of copyright in the photograph.

Do I need permission to use clip art images in a document I am creating?

You should check whether the licence agreement which came with the clipart software (or appeared on the website from which you downloaded the clipart) allows you to use the art in the ways you want. If you are uncertain whether you are allowed to use the material in your document, you should check with the distributor or copyright owner.

Do I need permission to put an artwork onto my website?

Generally, yes. If the work is protected by copyright you will need permission from the copyright owner to communicate the work to the public via the web site, unless one of the exceptions to infringement applies to the situation.

For further information about copyright, see our website—http://www.copyright.org.au or contact us. Information from the Arts Law Centre of Australia may also be of interest to you: see http://www.artslaw.com.au or telephone (02) 9356 2566.