Reviewing and Drafting Clauses/Terms relating to Copyrights, and Assignment Agreements
Providing Professional Pre-filing Advices and Comments
Filing Application for Recordal of Copyrights
Monitoring Copyright Infringements Meanwhile, we also help to investigate on copyright infringement, analyze and advise, issue warning letters, and prosecute infringers.
What is a Copyright?
In general, copyright is the right given to the owner of an original work. This right can subsist in literary works such as books and computer software, musical works such as musical compositions, dramatic works such as plays, artistic works such as drawings, paintings and sculptures, sound recordings, films, broadcasts, cable programs and the typographical arrangement of published editions of literary, dramatic or musical works, as well as performers' performances. Copyright works made available on the Internet environment are also protected.In fact, the subsistence of copyright does not require the work to have an aesthetic value nor to be clever nor very creative. It exists even in an item as simple as a photograph taken by an ordinary person in daily life.
Copyright is an automatic right. It arises when a work is created. Unlike other intellectual property rights such as patents, trademarks, and industrial designs, it is not necessary to register a copyright in Australia in order to get protection under the Australian law. In fact, there is no official registry in Australia for registration of copyright works.
Why Register Copyright
Since copyrights are not mandatory required to be registered, when buying, selling, and/or during litigation or otherwise, owners of the rights are required to prove it with a lot of documents.
In case if a copyright has been recorded with a official authority, the certificate will probably become the most powerful proof. However, if a copyright is not recorded, and there is no sufficient documentation to prove its ownership, protection for it will be a doubt.
Actually there is no territoriality for copyrights, however, the certificates of copyright are subject to the jurisdictions that it is issued, and protected by the laws of the recorded jurisdictions, and which certificates will only be considered as a reference or proof for those jurisdictions where the copyrights are not recorded.
Therefore, we suggest that copyright should be recorded in all jurisdictions that your own business is involved.
Procedure for Recordal a Copyright
Preparing the necessary documents
including Application forms, Statement of ownership, Assignment (if any), and Description on the copyright.
The copyright recordal authority will issue a receipt and assign an series number, while receiving an application for copyright recordal.
The copyright recordal authority will first review the application form and attachments, to see if there are any missing, incomplete information, and/or irrationality。
In case if any information is missing or incomplete, the applicant will be required to remedy/correct the deficiencies within a specified period.
As soon as the copyright recordal is allowed, a certificate will be issued for the owner.
Strategies that you may take, to protect your own copyrights: -
Record your copyrights in different jurisdictions, especially in those covered by your business.
Record your copyrights as soon as it is created. The earlier you record it, the higher validity from the certificate you obtain.
Even recordal is completed, it is also advisable to record this recordal to the official authority fight against infringements.
If any infringing goods are found, please seek for professional advices from us, and then report/complaint to the official authority, i.e. the Customs.