I know you’re a
creative creature. I know you can’t help which way the muses take you. But you
do have to think about Copyright Law.
Those song lyrics
that fit your story like a glove? That artwork that would perfectly describe
your point? You will need permission for the lyrics, unless the songwriter has
been dead for at least seventy years, and even then, it would be wise to check.
Even for a snippet. And artworks, building plans, maps, photos — even
typographical arrangements— can have a different set of rules. Permissions can
range from free usage to payment and limitations; something to consider as the
more a book will cost to produce, the less appealing it is to produce.
What if you have
the best idea ever for a plotline? What if you write up an outline and submit
it to a publisher? You own the text of your outline, but the idea is not
protected. The publisher is allowed to use your idea. Copyright Law does not
protect ideas, concepts and styles. Neither does it protect slogans, names or
titles, but trademark may be an issue; or people or images of people, though
watch out for defamation.
Sometimes, much as
it pains your artistic soul, to pay the rent you’ve got to work for the man.
The man owns what you write. If, however, you freelance for the man, arrangements
can be made. In fact, any agreement can be changed, as the owner of the
copyright has total control.
Something that may
please your artistic soul — there is no registration system for copyright. Your
masterpiece is copyrighted the instant it is created. While using a nom de
plume is perfectly legal, it can make it hard to find the correct owner, thus
preventing you from getting attribution and/or payment. Credit and cash…wouldn’t
that be nice?
Proving who has
ownership of copyright can be difficult, but it rarely comes to court for three
reasons. First up, as we know artists starve in garrets, and court can be
costly. Secondly, there is a provision in the Act allowing groundless threats
to be prosecuted; and thirdly, there is a risk of a perjury charge.
For a simple
concept, there are many complexities. For example, even if the material
originated or was first published in another country, Australian Copyright Law
applies to what happens in Australia with that work. There are very narrow
limits to works allowed without permission. Don’t let anyone tell you that
because you are a non-profit society, you can use someone else’s work. But if
the work is a parody or satire, it may be okay. Just make sure you check.
The Law is in
place to encourage you to use your resources in researching and creating new
works, which, as the Australian Copyright Council will tell you, benefits our
society. It’s regularly amended to keep up-to-date with changing technologies,
and the concerns that arise with these changes. It’s there to defend your
‘moral rights’, and any law that does that is a law that’s on your side. And a
law that’s on your side, especially as a creative creature, is a law worth respecting.
It will return the favour.
For more
information see Australian Copyright Council website: www.copyright.org.au
Thank you Belinda Holmes, our guest blogger, for this post
