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A copyright infringement occurs when a substantial portion of copyright work is used, reproduced or communicated without the copyright owner’s consent. In order to protect the value of your copyright assets, you need to be proactive about preventing and responding to copyright infringement.
What is an infringement?
Copyright infringement includes the unauthorised reproduction and public distribution of a substantial portion of a work, including performing in public, broadcasting, and publishing on the internet. Permission is also required before adapting a work into another media form, such as a book into a play, and before translating a work into another language.
What constitutes a ‘substantial’ portion is a qualitative rather than a quantitative exercise. Even if the copied portion is small, if it is an important part of the work it will be considered a ‘substantial’ portion.
There is no general ‘fair use’ defence against copyright infringement in Australia. There are only a limited number of ‘fair dealing’ defences where copyright work can be used without permission for research, review and criticism, parody or news reporting.
Our copyright infringement advisory services
Our experienced copyright and dispute resolution lawyers can:
- Advise on copyright infringement and enforcement options
- Advise on the availability of ‘fair dealing’ copyright defences
- Provide representation in copyright disputes and litigation, including before the Federal Court of Australia
Got questions? Get answers
For more information on copyright infringement and our copyright services, speak to a copyright lawyer on 1300 368 833 or send us an online enquiry.
Get in touch
Intl: +61 3 9909 7693
Melbourne VIC 3000 AUSTRALIA
We eat trade marks for breakfast
Markwell is a boutique intellectual property firm that provides no-nonsense, business-relevant, expert advice in trade marks, domain names and intellectual property law. Representing brand owners in Australia, Asia and Worldwide.
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