Legal

Issue No. 2 - September/October 2001

copyright

by Bill McFarlane

Copyright has traditionally protected artistic expression, such as writing, painting or photography. In modern times copyright has been extended to cover authorship of technical drawings and computer programs.

WHAT IS COPYRIGHT?

Copyright enables the author to prevent unauthorised copying. It does not protect the idea or concept contained in the work.

For example, the appearance of the board game Trivial Pursuit is protected and the rules cannot be copied. However, copyright cannot be used to prevent games that have a similar concept, such as 'Aussie Trivia', being produced.

Unlike patents and trademarks, copyright is not a monopoly right. If a person produces a work that is the same as another work, but can show that there was no copying from the original, then there is no infringement.

Copyright only protects unauthorised copying, which implies access to the original work before copying can occur.

HOW IS COPYRIGHT OBTAINED?

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