Copyright And Digital Content

Josh Philpot
Sep 1
3 min read

What Is “Digital Content”?

“Digital content” includes any creative work made or distributed digitally, such as:

- Videos (e.g. on YouTube, Instagram, TikTok)

- Podcasts and livestreams

- Social media posts and reels

- Memes and GIFs

- Websites, blogs, and digital artwork

- Music and sound effects used in digital projects

- AI-generated images and audio (we’ll touch on this too)

If it's recorded, fixed, or uploaded, it can be protected by copyright.

Is Digital Content Protected by Copyright?

Yes — if it meets two requirements:

1. It’s original (shows some skill or creativity)

2. It’s fixed in material form (recorded, written, drawn, published, etc.)

📜 Legal Reference — Section 32(1) of the Copyright Act 1968 (Cth):

"Copyright subsists in original works that are recorded in material form."

So, once you record a podcast or export a video — copyright applies automatically. No registration is required in Australia.

Who Owns the Content?

You do — if you made it.

But be careful. You might not own the copyright if:

- You created it as part of a job or contract, and your agreement says the employer or client owns it

- You used copyrighted material (music, images, clips) that someone else created

- You created the content with others — in which case, joint ownership or co-authorship rules may apply

What If You Use AI Tools?

As of now, Australian copyright law only recognises human authors. If you use AI (e.g. to generate an image, remix audio, or write a script), then:

- The AI output itself likely has no copyright protection

- Your input (e.g. prompt writing, edits, arrangement) might be protected if it shows creative skill

📜 Legal Reference — Section 32(1):

Tip: Don’t assume AI art or music is copyright-free — someone still may claim rights in the data, prompt, or training source.

Common Copyright Mistakes Online

- Using commercial music in videos without a licence

- Reposting art or memes without credit

- Downloading stock footage or images without checking the licence

- Copying blog posts, lyrics, or captions

- Embedding copyrighted video/audio without permission

Just because it’s online doesn’t mean it’s free to use.

How Do Platforms Handle Copyright?

Most platforms (like YouTube, Facebook, and TikTok) have copyright takedown systems in place. Here’s how it works:

- If someone claims you used their work without permission, they can file a DMCA-style notice

- The platform may remove or mute your content automatically

- You can dispute the takedown — but must justify your use (e.g. fair dealing, original content, or with permission)

Repeated copyright issues can lead to:

- Loss of monetisation

- Channel strikes or bans

- Legal exposure

Using Music and Media in Your Content

If you want to use music, clips, or stock footage in your digital work, you have 3 options:

1. Use your own original content

2. Get permission or a licence from the copyright owner

3. Use royalty-free or Creative Commons media — and check the terms carefully

Final Thought

Creating content online is easier than ever — but so is copying it. Copyright helps protect digital creators and keep control over how your work is used. Know your rights, respect others’, and don’t forget to read the fine print on platforms and licences.