Copying works or ideas from someone without giving them credit falls into the greyest areas of copyright law. With the evolution of technology, more and more businesses/ individuals are finding it hard to protect their creative works -- be it logos, sound recordings, music, articles, video films, cinematography, software, etc.
EAGLEGATE Lawyers is an IP firm with experience in a wide range of copyright matters. We work closely with our clients to understand their offerings and assist them with copyright licensing, assignment, protection, infringement and litigation.
We offer end-to-end service to the leading business names in Australia. No matter the type of industry they belong to, we comprehensively advise clients on the copyright ownership and enforcement of the works created by their team. Since all businesses are different, and their requirements are different, we customise our services to the needs of our clients. We communicate effectively and keep you updated throughout the process.
We understand that choosing a copyright lawyer can feel overwhelming and confusing. And you don’t want to hire someone that doesn’t align with your organization’s morals and fails to understand your desired outcomes. This is why we are pleased to offer a free consultation to new clients. During this initial consultation, you are welcome to discuss your legal issues and desired outcomes. If you are satisfied with our advice, you can move forward with us. There is no obligation.
Copyright infringement and breach of copyright need to be taken seriously. The faster you put a copyright infringer on notice of your rights the easier it is to stop them infringing your rights. You need to move quickly so that the person does not start to feel he/she has a right to use your works.
Putting an infringer on notice of your rights in copyright works also puts you in a better position to claim additional damages for infringement. Additional damages are discretionary but awarded where the infringer has flagrantly and willfully infringed your rights. If you put a person on notice of your rights (through a rights notification letter) and the person does not stop infringing your copyright rights, then you can use that notification as evidence of their willful behaviour.
You should take care when putting other traders on notice of your copyright rights as the Copyright Act contains provisions against making groundless or unjustified threats. If you send unjustified threats, then you might find yourself having to defend yourself in Court. Always obtain the opinion of a qualified copyright lawyer before sending any threats.
Copyright registration is not possible in Australia, but in some other countries, you are required to register before taking action to enforce your copyright rights.
Copyright Infringement occurs when a third party uses copyright-protected material without the permission of the copyright owner. A substantial part must be taken and no defences must apply for infringement to be found.
The copyright holder can transfer rights (known as an assignment) or authorise others to us the protected works. However, if there is no legal transfer of the rights, or an authorisation, the use of someone’s copyright works without permission can infringe the rights of the owner.
Copyright is deemed infringed when:
At EAGLEGATE, we have immense experience handling copyright infringement matters. If you think someone is illegally reproducing your work, or distributing copies of your works without your permission, you must hire our copyright lawyer to protect your works.
We can help clients determine whether their works are infringed, whether they are available for public use or protected.
There are only a few instances when someone else can use your creative work without violating copyright rights. Some of them are listed below:
You send a letter of demand for breach of copyright when you see someone using your copyrighted material without your permission. The purpose of the letter is to:
You don’t have to draft the letter of demand. We will draft the letters of demands and legal proceedings so you can focus on doing things that you do best.
Have any queries for us? Get in touch with us today!
We provide general copyright rights advice:
And also specific advice on ownership of Copyright Works:
Australia does not have general use exceptions to infringement of copyright. We do have express defences which can be relied upon only in some circumstances. We also have an innocent infringement defence, which is not simple to reply to. There may be other defences that apply to your situation.
If you need advice on a claim, call EAGLEGATE now.
EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, is an Australian Registered Trade Marks Attorney and has over 10 years of experience registering, commercialising and enforcing trade marks. She is Doyle’s Guide recommended IP lawyer and holds a Masters in the subject matter. She aims to settle cases on commercially sensible and economic terms without having to proceed to court.