Copyright and Intellectual Property in Australia

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Introduction
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).

A copyright owner does not need to register an original work in Australia; the Copyright Act 1968 will automatically protect it, if it is expressed in material form. However, copyright does not exist in the idea itself (An introduction to copyright, 2012).

“Films contain a number of separate copyrights” (Film & Copyright, 2012). Third party copyright material could include music and recordings incorporated into the soundtrack, screenplay and visual images. It is important to get clearance for any third party copyright material and to get a written agreement so each party is clear what their rights are.

This Research Report will examine and identify the range of copyrights that are embodied in the music video Holy Moses. That will include, Cinematograph, Composition (Musical works and Literary works), Sound Recording (Sound recording itself and Public performance), Artistic works and Dramatic works. Megan Washington’s single and the music video were released in Australia August 5, 2011 (Albert Music, 2011).

Mercury Records is the copyright holder in this music video. The owners of copyright have certain exclusive rights reserved and it allows them to reproduce, adapt and perform or communicate the film in public.

“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...

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...pyright Council 2012, viewed 12 April 2014.

Fashion & Costume Designers, Australian Copyright Council 2012, viewed 11 April 2014.

Fees & Royalties for use of Copyright Material, viewed 18 April 2014.

Film & Copyright, Australian Copyright Council 2012, viewed 8 April 2014.

Moral Rights, Australian Copyright Council 2012, viewed 19 April 2014.

Music & Copyright, Australian Copyright Council 2012, viewed 17 April 2014.

O’Hara, B & Beard, M 2006, Copyright, Royalties & Publishing, Omnibus Press, Thomastown, Victoria 3074.

Performers Rights, Australian Copyright Council 2012, viewed 19 April 2014.

Simpson, S, 2002, Music Business, Omnibus Press, Maryborough Victoria, p. 575.

Tijs, A 2011, ‘Washington To Release New Single Holy Moses’, Undercover, 3 August, viewed 11 April 2014, http://www.undercover.fm/news/15552-washington-to-release-new-single-holy-moses

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