Movie Copyrights and Legal Compliance in Australia: An Analysis

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Added on  2021/06/18

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This report provides an overview of movie copyrights, emphasizing the legal framework in Australia. It details the protection afforded to movies from the moment they are filmed, including the rights of the copyright owner to control reproduction, public performance, and distribution. The report outlines the Australian Copyright Act 1968 and its relevance to film, emphasizing the need for permission to screen movies publicly. It discusses the roles of various individuals involved in filmmaking who are governed by copyright law, such as scriptwriters, directors, and producers. The report covers the importance of copyright protection in preventing unauthorized financial gain and the moral rights of the owner. It also highlights the legal implications of downloading movies from the internet and the requirements for legal compliance in various settings. The report references several sources and concludes by emphasizing the penalties for counterfeiting and piracy under the Copyright Act.
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MOVIE COPYRIGHTS
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INTRODUCTION
Copyright law gives monopoly
to the owner of an original work
and does not allow the
unauthorized use of the
copyrighted work.
Copyright law applies to movie
and other works of art
This protects the movies from
piracy. Unauthorized use
without the prior consent of the
owner.
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NEED TO PROTECT FILMS
Once an original work is
produced and it is reduced
to tangible medium, it
warrants protection.
In cases of movies, it is
protected the moment it is
filmed and turned into a
movie (Foster 2018).
Once it is filmed, it needs
protection from third
parties.
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SUBJECT MATTER
Movie copyright law subsists in the
movies that have already been made
The laws apply to prevent theft of
content and unlicensed public
performance.
The film maker has the right to sue
anyone who infringes the copyright
There is no specific need of a
copyright symbol or a notice.
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..continued
Once the movie is in the public
domain, the infringer cannot claim
that he had no knowledge about the
movie.
If there is a notice regarding the
movie in place, the infringer cannot
make an argument that the act was
unintentional (Padgett 2017).
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Definition
Motion pictures under section
101 of the Federal Copyright Act
is defined as a series of related
images that impart an impression
of motion when it is shown in
succession (Larrson et al 2014).
The owner shall have the sole
authority to perform, display,
copy and reproduce the movie
(Gilbarg and Trudinger 2016).
Both silent and non silent movies
are included in copyright
protection
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Laws in Australia
In cases of Australia, Copyright is
provdied by the Australian Copyright
Act 1968
The movie maker can formally
register the work with the Copyright
Office and that will help in protecting
the copyrighted work. (Zhang 2016)
The copyright owner has an
exclusive right which is a negative
right.
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Legislation
Australian copyright law protects the
artistic works of the creators under
Australian Law.
These laws apply domestically across
the borders of Australia.
The copyright is movies subsist will
50 years and after that the
copyrights comes in the public
domain.
These laws are federal in nature and
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Showing movies in Public
Any movie that is meant to be shown
at home cannot be shown publicly.
To show a movie in public, there
needs to be the public performance
rights to show the movie in public.
To show the movie in public, the
movie needs to be hired from a
distributor.
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The permission to show the movie in
public has to be taken from the
producer of the film.
The producer shall give a letter of
permission, pursuant to which the
movie can be shown in public
By allowing the movie non-theatrical
performance, it becomes easier to
distribute the movie.
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Every movie that is shown in
the public has to be approved
by the Australian Government
Classification Board.
The Board also classifies the
movies before allowing them
to be viewed by the public.
The Board reviews the movie
and then permits it to be
made public.
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Who are governed by the
Law
Script writer
Director
Producer
Actor
Editor
Actors
composer
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