What Is Copyright and Why Does It Matter?

Josh Philpot
Jul 21
3 min read

What Is Copyright?

In Australia, copyright is governed by the federal law known as the Copyright Act 1968 (Cth). This Act sets out what copyright is, who owns it, how long it lasts, and what rights it gives you.

It covers things like:

- Songs and sound recordings

- Paintings, drawings, and designs

- Books, poems, scripts, lyrics

- Photographs and videos

- Computer programs and digital art

As long as it’s original and in a tangible form (written down, recorded, saved, etc.), you don’t need to register anything — copyright protection is automatic under Australian law.

📜 Legal Reference — Section 32 of the Copyright Act 1968 (Cth):"Subject to this Act, copyright subsists in an original literary, dramatic, musical or artistic work that is unpublished and of which the author was a qualified person at the time when the work was made."

Copyright Protects Expression — Not Ideas

Here’s an important distinction: Copyright protects the way an idea is expressed — not the idea itself.

So if you have an idea for a song about the ocean and someone else writes a completely different ocean-themed song, that’s fine. What’s protected is the actual lyrics, melody, and recording — not the theme.

You Are the Copyright Owner

In most cases, the person who creates the work is the copyright owner.

- If you write a song — you own it.

- If you paint a canvas — you own it.

- If you design a logo for your own business — you own it.

📜 Legal Reference — Section 35(2) of the Copyright Act 1968 (Cth):"The author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part."

But there are exceptions — for example:- If you create something as part of your job, your employer may own the copyright.- If you’ve signed a contract, it may assign ownership to someone else (like a record label, gallery, or publisher).

How Long Does Copyright Last?

In Australia, most copyright lasts for your entire lifetime + 70 years after you pass away.

📜 Legal Reference — Section 33(2) of the Copyright Act 1968 (Cth):"Copyright subsists in a work until the expiration of 70 years after the end of the calendar year in which the author died."

What Rights Does Copyright Give You?

As the copyright owner, you have the exclusive right to:

- Reproduce the work (e.g. copy or record it)

- Perform it publicly or play it in venues

- Publish it or communicate it online

- Adapt it (e.g. remix a track, turn a painting into a mural)

- License or sell those rights to others

- Stop others from using your work without permission

📜 Legal Reference — Section 31(1) of the Copyright Act 1968 (Cth):"Copyright, in relation to a literary, dramatic, musical or artistic work, is the exclusive right: (a) to reproduce the work in a material form; (b) to publish the work; (c) to perform the work in public; (d) to communicate the work to the public; and (e) to make an adaptation of the work."

Why It Matters — Especially for Aboriginal Art

For Aboriginal and Torres Strait Islander artists, copyright is not just about legal rights — it’s about cultural integrity.

While copyright protects the individual creator, it doesn’t always reflect communal stories or sacred knowledge. That’s where ICIP (Indigenous Cultural and Intellectual Property) comes in — but that’s a topic for a later post.

For now, it’s important to know:

- Copyright protects your original expression, not traditional stories or styles.

- Always get proper permission and follow cultural protocols when working with Aboriginal content — even if it’s not covered by the Copyright Act.

Final Thought

Copyright is one of the most powerful tools a creator has — but only if you understand it. Whether you’re making music, painting murals, or designing digital art, knowing your rights is the first step to protecting them.

In the next post, we’ll dive into who owns the copyright, especially when more than one person is involved — like band members, collaborators, or clients.