Licensing and Using Copyrighted Work Legally
- Josh Philpot
- Oct 5
- 2 min read
What Is a Licence?
A licence is permission from the copyright owner to use their work in a specific way.
It might be:
- Verbal or written (written is better)
- Free or paid- Exclusive (only one person can use it) or non-exclusive (many can use it)
📜 Legal Reference — Section 196(1) of the Copyright Act 1968 (Cth):
“A licence under this Act is an authority to do an act that would otherwise infringe copyright.”
When Do You Need a Licence?
You need permission if you want to:
- Reproduce the work (e.g. copy it, repost it, remix it)
- Perform it publicly (e.g. play a song at an event)
- Distribute or sell copies
- Broadcast or upload it
- Adapt it (e.g. turn a book into a film)
Exceptions like fair dealing (Post 7) apply in limited cases. But if you're using more than a small portion — or for commercial purposes — you usually need a licence.
Types of Copyright Licences
1. Direct Licence:
- You contact the creator directly and negotiate terms
- Common for commissioning artists or collaborating with musicians
2. Creative Commons Licence:
- A free, pre-written licence the creator chooses to apply
- You must follow the specific terms (e.g. attribution, no commercial use)
3. Commercial Licensing Agencies:
- Some creators register with agencies (e.g. APRA AMCOS for music, Copyright Agency for education)
- OneMusic Australia can provide music licenses for businesses https://onemusic.com.au/
- You pay a fee and get usage rights for multiple works
How to License Your Own Work
If you want others to use your work legally:
- Decide how you want it used (e.g. freely, with payment, with credit?)
- Choose a licence type (e.g. Creative Commons, standard contract)
- Clearly state your terms (on your website, contracts, metadata)
- Use a written agreement for commercial or exclusive use
Example clause:
“This artwork is licensed for non-commercial use with attribution. For commercial licensing, please contact the artist.”
What Happens Without a Licence?
If someone uses copyrighted work without a licence:
- It may be copyright infringement
- The copyright owner can ask for it to be removed, credited, or paid for
- In serious cases, they may seek legal action or compensation
Getting a licence protects both parties — and encourages respectful creative culture.
Artists, Musicians, and Creatives: Get Licensing-Ready
If you’re a creator, it helps to:
- Include a copyright notice and licensing terms on your work
- Use licensing platforms like Bandcamp, Vimeo On Demand, or Gumroad
- Understand the difference between selling a copy and licensing the rights
- Consider registering with a rights management agency if applicable
Final Thought
Licensing isn’t just a legal formality — it’s a way of saying:
“You can use my work — here’s how.”
And if you’re using someone else’s work:
“I respect your rights — may I use it?”
Clear licensing makes creativity safer, stronger, and more sustainable for everyone.
Want to Read the Law Yourself?
You can access the full Copyright Act 1968 (Cth) here:
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