Hosting or publishing content online is becoming increasingly common via mediums such as blogs, video sharing or news sites. If you create online content, you may be unclear about your rights, which can lead to others using your work without your consent. It is important that you understand how you can engage intellectual property (IP) protections to avoid such issues. This article will answer some frequently asked questions about online content ownership, protection, and copyright infringement.
Explaining Online Content
Online content refers to any images, videos, podcasts or articles that you publish on the internet. Since this is considered an original work, your online content is protected by the Copyright Act 1968 (the ‘Act’). Copyright, or the exclusive rights to your own work, automatically applies in Australia. It attaches itself to “original work” expressed in a “material form”. This material form could be an article you write, a video you publish, or another tangible format. Importantly, the Act does not protect mere ideas but requires that you express them through, in this case, online content.
Despite copyright being automatic, you need to take active steps to protect and enforce your rights by law. You should explicitly state that you are the work’s original author and own the IP. You can do this, for example, in your website’s terms of use.
1. Who Owns Your Content Online?
The owner of your online content depends on the circumstances when the work was created. Generally, if you composed or wrote the work, you own the copyright unless you assigned or licenced your rights.
You also do not own your work’s copyright if you completed it as a part of your employment for someone else. In this case, your employer likely owns and controls your content. For example, you may be hired to create promotional videos for a certain brand. Your employer pays you, and the employment agreement clearly states that they own any IP you create in your role. This ownership means your employer has the exclusive right to ‘exploit’ the work – that is, reproduce, publish it online or modify it.
Continue reading this article below the form2. What are Moral Rights?
Moral rights are non-transferable rights that safeguard the essence of your creative work. This ensures your voice remains intact, even after the copyright expires. These rights also cannot be purchased and are supported by law.
There are there key pillars of moral rights:
- Right of integrity: this guards against any distortion or mutilation of your work that harms your reputation. For example, a song that is manipulated into a commercial jingle would infringe on your right of integrity.
- Right of attribution: this is key to ensuring you receive proper credit wherever the work may appear. Always ensure you attach your name to your creation, whether it be a piece of art or a blog post.
- Right not to have authorship falsely attributed: this ensures that your work is not associated with anyone else or something you disapprove of. For example, your right to non-false attribution will apply if a business uses your photograph for marketing an unethical cause you disagree with.
Actively asserting these moral rights is crucial to protect your position within a constantly evolving digital landscape. If you have a website, its terms of service should include clear statements about ownership and moral rights. Importantly, develop a clear strategy to address any infringements on these rights.
3. What is Fair Dealing?
Although you may own your online content, others can still reproduce it if it falls within the scope of “fair dealing”. The Act provides some ways a person can use your work without your permission, which are for:
- research or study;
- criticism or review;
- parody or satire; or
- reporting the news.
However, if someone reproduces your work with a commercial purpose, their actions may not count as fair dealing, even if the reproduction has the above elements. For instance, a satirical reproduction of your artwork may not be fair dealing if the reproducer intends mainly to sell their design. This is especially so if you stand to make a loss from this reproduction. Fair dealing is also significantly affected by the:
- Amount of material used: small snippets of your work to illustrate a greater point are more likely to be considered fair dealing.
- Nature of the original work: borrowing from a factual textbook is different from copying a creative piece you developed.
- Impact on the copyright holder: if your or someone else’s intended use will hurt the copyright owner’s (this may be you) market or reputation, it is probably not considered fair dealing.
This fact sheet outlines your rights and obligations as an AI artist regarding intellectual property and copyright.
4. Do I Still Have Copyright if I Post on Social Media?
Social media, such as Facebook, Instagram and TikTok, is becoming an increasingly popular way for authors to share their creative works. Posting content on social media will not remove your right to assert ownership over your IP. However, you do need to take active steps to protect it.
If you believe someone is infringing your IP rights, you should send a message to the person and request they remove the post immediately. If they refuse, you can report it via a form on the platform, which it will receive directly.
Key Takeaways
Publishing or hosting content online is now critical to digital marketing and can help to make your work more accessible. To protect your online presence, it is imperative you understand your IP rights. You may lose ownership of your work if you license or assign ownership or create content for your employer. In cases where someone tries to use your work in a harmful way, you can assert your moral rights. However, other people can reproduce your online content without your permission if it counts as fair dealing.
If you would like assistance regarding IP protection for your online content, contact our experienced intellectual property lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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