What Types of Works Can Be Protected by Copyright in Australia?

Ever wondered whether the doodle you sketched during yesterday’s Zoom call is secretly a legal masterpiece? Spoiler: it might be. Under Australian law, a surprising variety of creative outputs are guarded by copyright from the moment they’re expressed. If that sounds like a job for Melbourne copyright lawyers, you’re half-right – but first, let’s demystify what’s actually covered.

Key Takeaways

• Copyright in Australia is automatic; no registration is needed.

• Eight broad categories of works and subject-matter receive protection under the Copyright Act 1968 (Cth).

• Originality requires independent effort, not brilliance.

• Ownership and duration vary depending on the type of work and who created it.

• Copyright is separate from physical ownership – you can own the painting without owning the copyright.

What counts as a “work” in the eyes of the law?

A “work” under Australian law includes literary, dramatic, musical and artistic creations. There’s also “subject-matter other than works”, which includes films, sound recordings, broadcasts and published editions. Each type comes with exclusive rights like reproduction and communication – think of them as copyright’s VIP passes.

Literary, dramatic, musical and artistic works

Literary

Includes novels, poems, software code, emails, articles and even your blog rant about overpriced smashed avo. As long as it’s in words, symbols or numbers and shows some effort, you’re in.

Dramatic

This covers plays, scripts, dance notations and mime instructions. Yes, mime. So, that interpretive piece you choreographed in uni? Protected – if you wrote it down or recorded it.

Musical

This is the musical composition itself – notes, not lyrics. Lyrics fall under literary works. A melody on sheet music? Covered. You humming that same melody in the shower? Not unless it’s recorded.

Artistic

From paintings and photographs to architectural plans and even cartoons, artistic works are well covered. The law doesn’t judge style – even a stick figure might qualify, provided it’s original.

Films, sound recordings and broadcasts

Although sometimes grouped together, each has unique rights and rules:

• Films include anything with moving images – movies, YouTube videos, TikToks. Generally, both directors and producers share copyright.

• Sound recordings protect the actual recorded sound – music tracks, podcasts, audiobooks.

• Broadcasts cover radio, TV, and some internet streams, but not on-demand content like Netflix.

“Copyright is less a fortress than a bouncer – it decides who gets in, but you still have to host the party.”
– Australian Copyright Council

Five things not covered by copyright

Here’s your one and only listicle – savour it:

1. Ideas, concepts and facts – copyright only protects how something is expressed.

2. Short phrases, names, slogans – clever brand lines need trade mark protection.

3. Functional methods or processes – file a patent, not a copyright claim.

4. Legislation and court decisions – these are public domain material.

5. Works made entirely by AI – sorry robots, no rights for you (yet).

Who owns the rights and for how long?

Ownership usually goes to the creator, but there are some classic exceptions:

• Employees: Works created in the course of employment usually belong to the employer.

• Commissioned photography: For private purposes (like weddings), the person paying owns it.

• Crown copyright: Anything created for the government is owned by the government.

In general, copyright lasts for 70 years after the death of the author. There are special rules for anonymous works, broadcasts, and government material. Films can get tricky with multiple creators, each having their own clock ticking.

Need a quirky example? The iconic Kookaburra Sits in the Old Gum Tree entered the public domain in 2015 – but sound recordings of it, if made later, could still be under copyright. Time truly is money.

Conclusion

Australia’s copyright law covers a surprisingly wide range of creative works – and understanding what’s protected helps you create, share, or license confidently. Whether you’re a creator, business owner, or just worried someone’s using your stuff, it’s crucial to know your rights. For expert guidance, the team at Actuate IP has your back – and your back catalogue.