The Law Handbook 2024

764 Section 7: Consumers, contracts, the internet and copyright Buildings, public sculptures, and artwork on buildings (ss 65–70) Making a picture, photograph, film or television broadcast of a building, or of a sculpture that is in a public place, does not infringe copyright. However, any artwork on a building (such as a mural or street art) cannot be copied other than as part of a picture, etc. of the building itself. Copying of own work by artist (s 72) An artist using elements from their earlier work does not infringe copyright in the earlier work (which may have been assigned to another person) provided that the artist does not repeat or imitate the main design of the earlier work. This is quite a narrow exception, so artists should be extremely careful when assigning copyright in their work. Copying by libraries and educational institutions There are detailed provisions in the Copyright Act (pt IVA) authorising limited copying of copyright works by libraries and archives (for preservation or research) free of charge. Educational institutions are also authorised to undertake limited copying, subject to licence fees payable to collecting societies (e.g. the Copyright Agency and Screenrights; see ‘Contacts’ at the end of this chapter). Timeshifting (s 111) This section permits the recording of radio and television broadcasts for private use so they can be listened to or watched at a more convenient time. The recording must not be dealt with by way of trade. Statutory licences of musical works and sound recordings (ss 55, 108) If a record of a musical work has been made in or imported into Australia for retail sale, with the agreement of the copyright holder, other people may make records of the same musical work for sale, subject to the payment of a royalty to the copyright owner. There are similar provisions in relation to the public performance of published sound recordings. Contact APRA AMCOS or PPCA for information about statutory licences (see ‘Contacts’). Other exceptions There are other circumstances in which the Copyright Act authorises the reproduction of particular types of copyright material (e.g. statutes and court judgments (s 182A) or the use of copyright material for legal proceedings or for giving legal advice (ss 43, 104)). There is even a defence to copyright infringement in s 57CD of the Competition and Consumer Act 2010 (Cth) for the supply of information under the Motor Vehicle Service and Repair Information Sharing Scheme, provided compensation is paid. Consequences of infringing copyright Legal proceedings against a person who has infringed copyright may be brought in a Victorian court (i.e. the Magistrates’ Court, County Court or Supreme Court, depending on the amount of damages sought) if there is a connection with Victoria (e.g. the infringement occurred in Victoria or the defendant lives there). However, legal proceedings for copyright infringements are more usually brought in the Federal Court and the Federal Circuit and Family Court (Division 2). Appeals from all these courts are heard by a Full Federal Court of three judges, not by a state Court of Appeal. Legal proceedings may be brought by the copyright owner or by an exclusive licensee (ss 115, 119). See ‘Licensing copyright’, above. The procedures used by courts to decide copyright cases are the same as those used in other civil cases. However, the Copyright Act provides that the plaintiff does not have to prove certain things (e.g. that they are the copyright owner, or that the person named on the work as the author was the true author), unless the defendant denies this (ss 126–131). A court may order the defendant to stop infringing copyright, to give the copyright owner any infringing material, and to pay the copyright owner damages or the profits made from the infringement. If the defendant did not know, and had no reasonable grounds to suspect, that they were infringing copyright, they will not be required to pay damages, but may still be required to give the copyright owner any profits they have made from the infringement. Damages may be increased if the infringement involves a deliberate disregard for the copyright owner’s rights (ss 115, 116). For example, a business