Module 3: Legal Issues

"Copyright protects expression. The Copyright Act of 1976 states that the items of expression can include literary, dramatic, and musical works; pantomimes and choreography; pictorial, graphic and sculptural works; audio-visual works; sound recordings; and architectural works. An original expression is eligible for copyright protection as soon as it is fixed in a tangible form."
Copyright website

Oh the irony, copying a copyright document to my page..hmmm. I hope this is fair use.

We copyright so that any work or ours that is plagiarised, and profitted from, can be shown to be rightly ours. We are covered and eligible to sue, and be compensated for statutory damages.

Now, rather than focus on what copyright protects, I thought it would be easier to look at what it doesn't.

• Names
• Ideas
• Facts
  
• Titles
• Short phrases and
  
• Blank Forms

There are many different copyright forms that cover everything from music to graphics, literary works and sculpture. However "fair use" of someone elses work may be justified by using it for educational purposes, critisism, news reporting, research and many more.


The "fair use" tree

I found this page, Parody: Fair Use or Copyright Infringement, when looking up the 2 Live Crew copyright infringement case for their song Pretty Woman which bore a remarkable resemblence to the Roy Orbison hit Oh Pretty Woman. 2 Live Crew got off the charges because of the fair trade law. In this case parody is fair use of other peoples work.

Would you be in breach of copyright if you put the Curtin logo at the top of your web page for an assignment?

So first off what we know is that the Curtin logo is owned by the creator, Curtin. Assuming that the use of the logo is unauthorised, would I be accused of copyright infrigement? I found this site on Copyright from the University of the Sunshine Coast in Queensland helpful, but this is where I found the answer.

Curtin's Quick guide to Copyright, Do's and Don'ts

At the top of page 5 we see the answer relating to using Curtin's logo. It is quite simple really. Just ask permission first. Permission needs to be sought in writing (email is acceptable), and you need to "comply to any conditions imposed". It is recommended to keep all corresponding emails should you need them if questions are asked at a later date, and lastly, in your assignment you would have to state that permission had been granted for use of the logo.

I also found this site very useful to have bookmarked. Australian Copyright Council