What does copyright protect?
Copyright is not a monopoly right like a trademark or patent. Copyright
does not protect ideas, information or techniques, but the expression or
material form these ideas take.
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People may have the same idea, but may express it in their own material
form. A good example of this is the number of landscape paintings of Tower
Hill in the Warrnambool Art Gallery. Eugene von Guerard and Shay Docking
both had the idea of painting pictures of Tower Hill. They observed the
landscape and painted their interpretation of what they saw. The result
was two different paintings. |
In copyright terms, the ideas were similar but the material forms were
quite different.
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Practice
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Can copyright protect an idea?
Answer
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Sometimes people have the same or similar ideas and it is possible that
two people could separately have the same idea and then produce identical
works. Copyright protects the material form an idea takes. As long as one
person has not just copied from the other, they may each hold
copyright for their own work.
For a work to be copyright, it must be original. This means, it has to
be the product of your independent skill and labour, and not copied from
somewhere else.
Copyright can protect the following:
- artistic works such as paintings, drawings, cartoons, sculpture,
craft, photos, maps and plans
- musical scores and jingles
- dramatic works such as dances, plays and screenplays
- literary works such as instructional manuals, reports, novels,
poems, essays, computer programs, tables and compilations
- films and videos
- sound recordings
- communications
- published editions.
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Practice
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Tania has started a multimedia publications business from home. She
wants to add a map of a local area to a multimedia CD-ROM that she hopes
to sell. Tania scans in a page from a reputable map site. Has Tania
breached copyright?
Answer
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