Copyright

In Australia, Copyright protection is free and automatic under the Copyright Act 1968, providing that the work in question falls within one of the categories of protected material. The Act does not require the completion of any formalities, such as registration or the payment of fees, in order to obtain protection in Australia. Although copyright protection in Australia is not dependent upon formal notice, it is best practice and advisable for copyright owners to place a copyright notice in a prominent place on their work.

 

Some types of intellectual property, such as ideas, information, styles, techniques and names, cannot be protected under copyright law. Copyright does, however, protect original artistic works, which means that sketches and patterns are afforded some copyright protection. This protection is limited, however, as copyright owners of a pattern cannot generally take action for copyright infringement for the "reverse-engineering" of garments. In this situation, it will be necessary to rely on the Designs Act 2003  for protection.

 

Copyright protection is also likely to be available for works of artistic craftsmanship, such as one-off fashion garments and jewellery. However, if you intend to mass produce or make multiple copies of items, you should rely on design law rather than copyright law. The Designs Act generally requires registration. Copyright and design laws overlap to some extent. These laws are complex and given the danger of the publicity trap and prior publication, it is wise to seek commercial legal advice before seeking protection, publishing or manufacturing your artistic work.

 

For further information regarding copyright, visit the Australian Copyright Council website at www.copyright.org.au