Copyrights and Intellectual Property (pdf)
Added on 2021-07-07
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PART A – INTELLECTUAL PROPERTY AND COPYRIGHTIntellectual Property and CopyrightCopyright AustraliaPurposeThe Copyright Act regulates the legal protection extended to the owner in relation totheir original literacy, dramatic, musical and artistic works, and subject matter other thanworks. ProcessCopyright protection is free and automatic from the time a work is first written downor recorded in some way. There is no application for copyright in Australia, and there is nosystem of registration, nor are there any forms to fill in, or fees to be paid. Intellectual Property Laws Legislation and AmendmentsThe legislation of Intellectual Property provides the legislative basis for the patent,trade mark, design and plant breeder’s rights system of Australia. It includes provisions foradministering the patent, trademarks, designs and plant breeder’s right offices including thepowers and functions. Establishing and maintaining the patents, trademarks, design andplant varieties registers. Making and processing applications for granting standard orinnovation patents, granting plant breeder’s rights and registering trademarks and designs.Prescribing the means to take infringement proceedings to protect and enforce rights inpatents.The Intellectual Property Law Amendment Act amended the Patents Act, Trade markAct, Design Act and Plant Breeder’s Right Act in order to improve Australia’s Intellectualproperty legislation like implement the protocol amending the World Trade OrganizationAgreement, extend the jurisdiction of the Federal Circuit court to include plant breeder’srights matters, allow for a single trans-Tasman patent attorney regime and single patentapplication, make minor administrative changes to the Patents, Trademarks and Design actsto repeal unnecessary document and make minor technical amendments to the Patents Actto correct oversights in the drafting of the Intellectual Property Laws Amendment Act. Copyright Laws Legislation and AmendmentsThe federal legislation of Copyright is a legal right of the creator to protects the useof their work once the idea has been physically expressed. It protects the form of expressionof ideas rather than the ideas, information or concepts expressed and it applies throughoutAustralia. Copyright protects literary works, computer programs, artistic works, dramaticworks, musical works, cinematograph films, sound recordings, broadcasts and publishededitions. The Copyright Amendment has been regularly amended since 1968 to bring it up todate with evolving technologies and concerns. In addition, the Copyright act also deals withperformers’ right and the moral rights of the creators. The act implements a number ofamendments supported by both creators and users of copyright content. This amendmentswill simplify the statutory licences for education, extend the exception for exams to online
exams, simplify and update the provisions that enable libraries and other collectinginstitutions to make preservation copies of material in their collections such as manuscripts,introduce a fixed term of protection for unpublished works that are currently covered bycopyright indefinitely and simplify and update the provisions that allow the making ofaccessible format versions for people with disabilities. An Introduction to Copyright in AustraliaAn Introduction to Copyright in Australia can be used to organisation because this isan important information sheet that gives every person a general idea or introductoryinformation about what copyright law really means. It is also a list of detailed practicalguides that gives further information about copyright law and how it applies in business. This sheet of information listed things that can be protected by copyright, whereasfor the business that I am working on, it helps to honour the creation of the creator. It isimportant that everyone knows the importance of Copyright not only to protect thebusiness but also to prevent some intruder to copy the other’s work without anypermission. 3 Areas Covered by Copyright Legislation1. Brilliantfood Website Policy and Application of PolicyThe material contained on this website is protected by copyright. You may use thiswebsite only for your personal and non-commercial purposes. Except to the extentpermitted by relevant copyright legislation, you must not use, copy, modify, transmit, store,publish or distribute the material on this website, or create any other material usingmaterial on this website without obtaining the prior written consent of Brilliantfood.You are authorised to view the Brilliantfood website and its contents using the webbrowser or, where expressly invited to do so, to share certain content on social media. Youmust not otherwise reproduce, transmit (including broadcast), communicate, adapt,distribute, sell, modify or publish or otherwise use any of the material on the Brilliantfood. By using copyright policy at work, day to day, authorisation of using the websitewithout any changes or doing something else with a work that damages the creator’sreputation or is offensive to the creator. If ever, changes are a must, approval and review ofarticles that needs to post in website is a must. 2. Brilliantfood Computer Software or ProgramsPolicy and Application of PolicyBrilliantfood is committed to ensuring full compliance with the law in relation toSoftware Copyright. Brilliantfood will under no circumstances tolerate unauthorised copyingof software will be liable to disciplinary or legal action. Under copyright law, all publishedmaterials accompanying software such as documentation, and software user interface arecovered by law. To qualify, user needs to demonstrate that they have use their skills and labour tocreate the software without copying someone else work. All published materialsaccompanying software must not be outside the work. By using copyright policy at work, day to day, as a general rule, software cannot becopy, reproduce and cannot be use outside the workplace. The author of every software
must be registered to employer’s name. Any printed paper, print out articles, video ordigital form cannot be use outside of work. If ever, needs to use any of the print out,software, printed articles must obtain permission to the employer. 3. Brilliantfood Illustration, Images and ArtworksPolicy and Application of PolicyBrilliantfood creates their own illustration, artworks, images that they used on theirwebsite, company truck, publishing articles, flyers and other print outs and digital images.Under copyright law, no reproduction may be made of any of the artworks from website orcomputer files for personal use for any reason without approval of the employer. By using copyright policy at work, day to day, Under Copyright Law it is fair use toreproduce the illustration, images and artworks with the approval of the employer if everthe illustration, images and artworks will be use in website, illustration for the company andfor the sake of using it inside the company. EXISTING COPYRIGHT POLICY AND RECOMMENDED CHANGESi. EXISTING STAFFExisting Copyright PolicyILLUSTRATION, IMAGES AND ARTWORKSAll Brilliantfood staff are responsible for ensuring that any copyright content use inwebsite, artworks and illustrations meets the copyright policy. Under copyright law, allBrilliantfood staff can access copyright images, artworks and illustrations provided andpermissible by the employer to use for company’s purposes. Under copyright law, noreproduction may be made of any of the artworks from website, or computer files forpersonal use for any reason without approval of the employer.Recommended Changes to Copyright Policy1. ComplianceAll staff must be aware of, and comply with copyright policy, obligations asestablished under the copyright policy of Brilliantfood, in all activities undertaken inconnection with Brilliantfood.All staff must comply with copyright legislation and regulations in every endeavour.Failure to comply is unacceptable and Brilliantfood will investigate allegations and imposepenalties for copyright infringement by staff. Disciplinary proceedings, including terminationor expulsion, may be initiated against those responsible. All staff, must ensure necessary permission or obtained approval before usingillustration, images and artwork. Copyright records should be recorded and keep. 2. StatutoryUnder these copyright policy, artworks, images and illustrations can be use onlyinside the company’s premises and can only be use by company’s project, website andmarketing. Anyone involved in the production, reproduction of the said materials must befamiliar with the obligations and rules under the statutory, including copying limits,restriction of use and requirement upon using the images, artworks and illustrations.
3. ObligationsNo staff may reproduce or copy any copyrighted images, artwork, and illustration inprint in violation of copyright policy. Copyrighted works include, but are not limited to:printed illustration, articles, images and website artworks. Brilliantfood holds a copyright policy which enables employees to reproduce or copyif Employer’s permission has been approved to reproduce copyrighted works outside thepremisses. 4. Procedurea.Be Transparent, hold a staff meeting to communicate policy updates. b. All policies should be short and easily to understand.c. All policies should be set out in clear and plain Englishd. Post new workplace policies in common areas where employees can easily see them.e. Hand out hardcopies of new policies in the form of memos or updates employeeshandbooks. f. Provide training when necessary.g. Place a copy of the sign off in your employee’s personal files so there is documentation showing that the workplace policy has been communicated. ii. NEW STAFFCopyright Policy1. ComplianceAll staff must be aware of, and comply with copyright policy, obligations asestablished under the copyright policy of Brilliantfood, in all activities undertaken inconnection with Brilliantfood.All staff must comply with copyright legislation and regulations in every endeavour.Failure to comply is unacceptable and Brilliantfood will investigate allegations and imposepenalties for copyright infringement by staff. Disciplinary proceedings, including terminationor expulsion, may be initiated against those responsible. All staff, must ensure necessary permission or obtained approval before usingillustration, images and artwork. Copyright records should be recorded and keep. 2. StatutoryUnder these copyright policy, artworks, images and illustrations can be use onlyinside the company’s premises and can only be use by company’s project, website andmarketing. Anyone involved in the production, reproduction of the said materials must befamiliar with the obligations and rules under the statutory, including copying limits,restriction of use and requirement upon using the images, artworks and illustrations. 3. ObligationsNo staff may reproduce or copy any copyrighted images, artwork, and illustration inprint in violation of copyright policy. Copyrighted works include, but are not limited to:printed illustration, articles, images and website artworks.
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