Copyright Myths:

MYTHS
If theres no copyright notice, its not
covered by copyright

If its unpublished, copyright doesnt

apply
If its on the internet, anyone can use
it
I dont need permission if I copy less
than 10%

I dont need permission if I make

changes to it

I can use other peoples content

provided I credit them

I can use other peoples content

without permission provided i dont
make money out of it
If I pay someone to create something
for me, I own the copyright

FACTS
Copyright automatically applies to written and artistic works from
the moment theyre created. You dont have to do anything to
obtain copyright. The copyright notice (+ name of copyright
owner + year) is an internationally recognised signifier that a work
is protected by copyright that you can put on your work, but not
necessary for copyright protection.
Copyright applies to published and unpublished content. As soon
as a work is fixed in some way (e.g. on paper, or saved to disk),
its covered by copyright.
Copyright is not waived when you publish text or images on the
internet. You can decide how you would like people to use your
online content.
Using even a very small part of someone elses work can require
permission if that part is an important or integral part and was the
result of skill and time. There are some provisions in Australian
copyright law that allow the use of 10% without permission in
special circumstances. For example, students can use 10% of a
work for their research or study, and educational institutions can
use 10% of a work under the statutory licence for education.
Making changes doesnt take away the need to get permission. If
you use an important part of someone elses work you might need
permission, even if you make changes to it. You also need to be
careful that you do not make changes to someone elses work
that they may regard as derogatory.
You have a legal obligation to credit the author when you use their
work, unless the author has agreed not to be credited, or it is not
reasonable to credit them. Using a work for the purposes of
criticism, review or reporting news is conditional on crediting the
author and title of the work. In other cases, you might need
permission even though you credit.
You usually need permission even if your use is non-commercial.
The content creator may set different terms for non-commercial
use (e.g. a different fee) but you still need to ask.
If the content creator is on staff, and the work is created during
their employment as part of their job, usually the employer owns
the copyright. If, on the other hand, the content creator is an
independent contractor, then they will usually retain copyright
unless there is something in writing transferring copyright to you.
If you have not made an agreement about how you may use the
material, you would usually be entitled to use it for the purposes it
was commissioned for, but may not be entitled to use it for other
purposes.