LibGuides: What is Copyright?: Infringing Copyright

Infringing Copyright

Copyright is infringed when a person uses all or a substantial part of the work without the copyright owner’s permission. This definition of “substantial part” varies on a case by case basis and permission should always be sought from the copyright owner.

Penalties for copyright infringement can be monetary, take down notices on websites, destruction of any reproduction of the copyrighted work. These penalties are quite serious and apply not only to the person infringing the copyright but any organisation that enables the infringement to occur. For example the student photocopying the book will be charged but the organisation supplying the photocopier machine could also be charged with infringing copyright, due to enabling the infringement to occur.

All devices that enable copyright infringement to occur by law are required to have a prescribed notice informing you of the risks.

These are: Text of notice near machine for copying works or published editions, or Text of notice near machine for copying works, published editions or audio-visual items, or Text of notice near machine for copying audiovisual items. All computers/photocopiers/scanners/DVD-CD burners and other reproducible devices must have the relevant notice displayed on or near the devices at all times in at least A4 size.

These notices must be as per the Schedule 1—Form of notice near machine for copying works, published editions or audio-visual items specified written content.

Exceptions to Copyright Infringement
This fact sheet gives a summary of the exceptions to copyright infringement in the Copyright Act.
There are many exceptions to copyright infringement in the Copyright Act 1968 (Cth). If an exception applies to your use of copyright material, you are not required to obtain permission from the copyright owner in relation to that use and you may rely on the exception to defend any copyright infringement claim. This fact outlines the exceptions that apply to libraries, educational uses and the fair dealing exceptions. The statutory licence exceptions are also summarised.
Date: 12 May 2022
Infringement: Actions, Remedies, Offences and Penalties
This fact sheet sets out what legal actions and remedies are available for infringement of copyright, when conduct constitutes a criminal offence, and what the penalties are for copyright offences.
The consequences for copyright infringement are wide ranging, and different consequences are the results of different legal actions. This fact sheet demonstrates the different paths available, and the circumstances that allow for certain consequences to be enforced. The information contained in this fact sheet serves as an outline of the possibilities that are available to those who believe their copyright has been infringed.
Date: 14 Dec 2022
Infringement: What Can I Do?
This fact sheet lays out steps for dealing with copyright infringement when it arises, both for those who have been infringed and those who have allegedly done the infringement.
This fact sheet is for people who are concerned that their copyright has been infringed, people wishing to know what they can do when they see other people's copyright being infringed, and people who have been told that they have infringed someone else's copyright, or are concerned that they may have infringed copyright.
Date: 01 Feb 2023