Copyright

Copyright is a powerful property right and comes into existence upon the creation of the work and does not require registration with any authority. Copyright protection subsists not in the idea itself, but in the form in which it is expressed. Copyright law is different from patent or industrial design protection in that there is no absolute monopoly given to ideas incorporated in the design or function of the works. Protection is given over the material form of expression as encompassed under the copyright legislation.

The owner of copyright may use its copyright, assign and license parts or the whole of their copyright works. In addition to economic rights associated with copyright are what are known as moral rights. Moral Rights give the right to be known as the creator of the work and to retain the integrity of the work against distortion. Moral rights also give the right whether to publish the work, to restrain excessive criticism of the work and to prevent violations of the author’s personality. Copyright also subsists inter-dimensionally, for example a 2D work may enable an owner to control a 3D representation of that original 2D work.

Guy & Hinton can assist your business to exploit and protect your copyright. In addition to running litigation throughout Australia and New Zealand, we frequently advise clients as to issues related to employee and independently contracted created works, and how employers can ensure that they or their business own the copyright and have unencumbered rights. We also advise clients on how best to protect against infringing imports with strategic placement of customs blocks and advise with respect to parallel importation issues.

Guy & Hinton also advises clients with respect to computer software and hardware hacking, conversion of computer software, copyright circumvention technology issues, as well as search and seizure and injunction matters.