How to Protect Your Work and Enforce Copyright
- Josh Philpot
- Sep 22
- 2 min read
First: Remember, Copyright Is Automatic
In Australia, you don’t need to register copyright. Your work is protected if it:
- Is original (not copied from someone else)
- Is fixed in a material form (written, recorded, drawn, filmed, etc.)
📜 Legal Reference — Section 32(1) of the Copyright Act 1968 (Cth):
"Copyright subsists in original works that are recorded in material form."
How to Prove Ownership
If a dispute arises, you may need to prove you created the work first. Some ways to do that:
- Keep dated drafts, working files, or concept notes
- Email the work to yourself or a trusted third party (to create a time-stamped record)
- Include metadata (like creation dates in file properties)
- Use platform timestamps (e.g. YouTube upload date, social media post time)
You don’t need a copyright symbol (©) — but it can help show intent.
How to Protect Work You Share Online
If you post your work on social media, websites, or YouTube:
- Include a clear copyright notice (e.g. © 2025 Red House Entertainment)
- Consider using a watermark or logo on images and videos
- Set clear terms of use on your website or profile (e.g. “Do not repost or reproduce without permission”)
- Register works with a Creative Commons licence if you’re open to limited use with attribution
What to Do If Someone Uses Your Work Without Permission
If you believe your copyright has been infringed:
1. Take screenshots of the unauthorised use
2. Check whether the use is fair dealing or covered by an exception (see Post 7)
3. Contact the person or business politely and ask them to take it down or credit you
4. Send a takedown notice to the website host or platform (YouTube, Facebook, etc.)
Most major platforms support copyright claims and takedowns. You may need to include:
- Your contact details
- A description of the original work
- The infringing URL or content
- A statement that you are the copyright owner
What If That Doesn’t Work?
You can escalate to more formal action:
- Send a cease and desist letter (you can draft it yourself or with a lawyer’s help)
- Use mediation or dispute resolution (via an arts body or small business service)
- Take legal action — in small claims court (for damages), or Federal Court (for major cases)
Legal action should be a last resort — but it’s an option when others fail.
How to Handle Copyright as a Business or Brand
If you run a business (e.g. label, agency, artist collective), you should:
- Clearly assign copyright in contracts (who owns what?)
- Register business names and logos as trademarks (this is separate from copyright)
- Create a copyright policy for staff and collaborators
- Use standardised licence agreements when others use your content
This helps protect your brand and reduce internal disputes.
Final Thought
Protecting your copyright doesn’t have to be complicated — but it does require clarity, consistency, and confidence. Know your rights, keep good records, and don’t be afraid to speak up if your work is used without your permission.
Want to Read the Law Yourself?
You can access the full Copyright Act 1968 (Cth) here:
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