In Short:
- Copyright protection in Australia is automatic and free for original works.
- A copyright notice, while not legally required, helps deter copyright infringement.
- The phrase “All Rights Reserved” indicates that all legal rights are retained and can discourage unauthorised use.
Tips for Businesses:
Including a copyright notice on your website or materials can help protect your content from being copied. Use the symbol ©, your name, and the year of first publication. Though “All Rights Reserved” is not required, it can be an additional deterrent to potential infringers.
If you have produced online or physical content, you should consider protecting it from being copied. In Australia, copyright is automatically granted upon creation, and many creators include copyright notices to strengthen their protection. But what does the phrase “all rights reserved” really mean? This article explores copyright notices, the meaning of “All Rights Reserved,” and the details of copyright protection.
Understanding Copyright Protection
Copyright protects an idea’s original form or expression, not just the idea itself. This means the idea must be communicated through a piece of work. Common works that attract copyright protection include:
- writing;
- music;
- visual images;
- moving images;
- sound recordings; and
- computer programs.
In Australia, copyright protection is automatic for original works, without requiring registration. Although copyright notices are not legally required, they are commonly found on websites and other materials. Including a copyright notice and taking further protective measures can help safeguard your work.
Copyright Notices
A typical copyright notice includes:
- the © symbol;
- the name of the copyright owner; and
- the year of first publication.
For example, a copyright notice could be any of the following:
- © LegalVision ILP Pty Ltd 2021; or
- Copyright 2021 LegalVision ILP Pty Ltd.
You may have seen copyright notices with the letter “P” in a circle or in brackets instead of the “C”. This symbol indicates that the copyrighted material is a sound recording.
Continue reading this article below the formAll Rights Reserved
You might sometimes see the phrase “All Rights Reserved” alongside a copyright notice. However, in some instances, the copyright owner may omit the notice entirely. Since neither the copyright notice nor the phrase “All Rights Reserved” is legally required in Australia, this is up to the owner’s discretion. Thus, it carries no legal consequences. However, not including them could lead to people unknowingly infringing on your copyright. This scenario is relatively common.
For example, you might see the phrase in the copyright notices on websites like Gumtree and eBay. It typically appears as:
- Copyright 2021 LegalVision ILP Pty Ltd All Rights Reserved.
Benefit of Using the Phrase “All Rights Reserved”
This phrase indicates to viewers that they reserve all of the rights granted to them under copyright law. A practical benefit from using this phrase may be that readers unfamiliar with copyright notices may become deterred from using your materials.
For example, you might want to set up an online business selling beauty products. You begin looking at eBay to see how similar businesses market their products. As you browse, you think it would be helpful to screenshot and use some of these photos. However, you notice the term “All Rights Reserved” at the bottom of the page, and you decide against this.
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Copyright Duration
The general rule is that copyright lasts during the author’s lifetime and for an additional seventy years after their death. However, the total duration of copyright varies as the general rule is subject to specific requirements. Additionally, the rule will depend on the type of copyrighted material. This can range from the kind of media to whether the material is government copyright material.
For example, works where the author is unknown have a different copyright period than works where the author is known. Works where the author is known but the publication date was within or outside 50 years of being made will also affect copyright durations. You can find helpful guidance on how many years copyright law may protect on the Australian Copyright Council’s website.
Copyright Infringement
If you believe someone is infringing your copyright or are worried about infringing someone else’s copyright, you should consider the options available. Infringement can be both direct and indirect, and there are various remedies available, such as a cease and desist letter.
A cease and desist letter is typically the first step when a party has infringed or breached another’s rights. It will typically include a:
- notification that the other party is participating in an activity that they should not be, like infringing your intellectual property rights;
- demand that the other party ‘cease and desist’ their conduct; and
- warning that if they do not stop their activity, further legal action is possible.
In practice, the delivery of a cease and desist letter is often enough to deter another party from continuing to infringe your copyright. This is particularly the case where a party was unaware of their infringement. However, note that this is not always the case, as it ultimately depends on the breach and each party’s stance.
Key Takeaways
Copyright protection in Australia is free and automatic. Hence, you do not legally need to include a copyright notice on your website. However, a copyright notice, in addition to including terms of use conditions on your website, is a valuable way of deterring potential copyright infringement. Additionally, a copyright notice will typically include the symbol ©, the name of the copyright owner, and the year of first publication.
If you require more information concerning copyright, our experienced IP lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Copyright protects the original form or expression of an idea, such as writing, music, visual images, and computer programs. It ensures that others cannot copy or use your work without permission.
Including a copyright notice, terms of use conditions on your website, and taking legal steps like sending cease and desist letters are common measures to prevent copyright infringement.
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