Copy That, Part 10 – Copyright Myths Busted: Top Misunderstandings

The most dangerous thing about copyright? What people think they know.

Myths abound, and they can land creators and businesses in hot water. Let’s bust a few of the biggest.

Myth 1: “If it’s on the internet, it’s free to use.”

Nope. Online doesn’t mean ownerless. Copyright applies the moment a work is created and uploaded.

Myth 2: “I gave credit, so I can use it.”

Attribution is important, but it’s not a substitute for permission. Unless a licence or exception applies, copying is still infringement.

Myth 3: “I changed it, so it’s mine.”

Derivative works—like remixes, adaptations, and mash-ups—still require permission from the original copyright owner.

Myth 4: “It’s educational, so it’s fine.”

Education has some specific statutory licences and exceptions, but they’re limited and tightly regulated. “I used it in class” doesn’t automatically mean fair dealing.

Myth 5: “I bought it, so I own the copyright.”

Buying a book, CD, or digital download gives you the copy—not the underlying rights. Only the copyright owner controls reproduction, adaptation, and distribution.

Myth 6: “The 10% rule – if I change 10%, I’m safe.”

There’s no such thing. Courts look at whether a substantial part of the original work has been copied, not a percentage. Even a small portion can infringe if it captures the essence of the work.

Myth 7: “I added a little to the program, so now we both own it.”

Not true. Adding a minor change or tweak to software (or any work) doesn’t automatically give you joint ownership. You might own the copyright in your new contribution, but the original creator still owns their part—and you can’t exploit the combined work without permission.

IP Mojo tip: get advice, not assumptions

Relying on myths is a shortcut to infringement. When in doubt, check the licence terms, rely on fair dealing only where it clearly applies, or get legal advice.

Series Wrap-Up: Copy That

Over 10 instalments, we’ve explored the world of copyright in Australia—what it protects, who owns it, how long it lasts, when you can use someone else’s work, and how to share and enforce your own. Along the way, we’ve debunked myths, unpacked rights, and hopefully shown that copyright isn’t just a legal technicality—it’s a practical toolkit for protecting creativity and powering business.

If there’s one takeaway, it’s this: don’t rely on assumptions. Copyright law is full of nuance. A quick check, a clear agreement, or a simple licence can save years of disputes.

👉 That’s a wrap for Copy That: The IP Mojo Guide to Copyright in Australia.

But IP Mojo isn’t stopping here. Stay tuned for our next series, where we’ll dive into another corner of intellectual property and digital law—because your ideas, brands, and content deserve more than protection. They deserve strategy.

Follow along at IP Mojo for what’s next.

Copy That, Part 9 – International Protection: Does My Copyright Travel?

Copyright doesn’t stop at the border. Thanks to international treaties, Australian works enjoy protection in most countries around the world.

But while copyright travels, enforcing it can be another story.

The Berne Convention

Australia is a member of the Berne Convention for the Protection of Literary and Artistic Works, which has over 180 signatories. The convention requires each member country to give works from other member countries the same copyright protection they give their own.

In practice:

• An Australian author’s novel is protected in France, the US, Japan, and most other places automatically.

• No need to register abroad (though some countries, like the US, still require local registration before suing).

Enforcing overseas rights

While protection exists automatically, enforcement depends on local courts and procedures. That means:

• You may need local lawyers and expertise.

• Remedies differ country to country.

• Cultural and practical considerations can affect how disputes play out.

Beyond Berne

Australia is also part of other agreements, including the WIPO Copyright Treaty and various free trade agreements, which extend and harmonise protections.

IP Mojo tip: plan internationally

If your work has export potential—books, software, films, brands—consider international contracts, licences, and partnerships to support enforcement, rather than relying on litigation in a distant jurisdiction.

Next up in our Copy That series:
Part 10 – Copyright Myths Busted: Top Misunderstandings

Copy That, Part 8 – Infringement and Enforcement: What Happens When It Goes Wrong

Copyright gives creators powerful rights. But those rights only matter if you can enforce them when someone crosses the line.

What counts as infringement?

Infringement happens when someone does any act reserved for the copyright owner—copying, distributing, adapting, performing—without permission or a valid exception.

Importantly, it doesn’t have to be deliberate. Even unintentional or “I didn’t know” copying can still be infringement.

The test isn’t whether the whole work was copied. Reproducing a “substantial part”—which can mean the heart or essence of the work—is enough.

It’s Not About Quantity

The test for infringement – that is, reproduction of a substantial part – is not about how much was copied.  That is, it is not a quantitative test.

It is actually a qualitative test – it is all about the quality of what was copied.  That is, how important to the whole copyright work is the part that was reproduced?

Indirect liability: authorisation

Australian law also recognises authorisation liability.

If you help or encourage infringement, or fail to take reasonable steps to prevent it (for example, running a platform that hosts pirated content without safeguards), you can be liable too.

Remedies: what can you do?

Rights holders can seek:

• Injunctions (court orders to stop the infringement)

• Damages (compensation for loss)

• Account of profits (handing over profits earned from the infringement)

• Additional damages (where the infringement is flagrant or in bad faith)

• Delivery up or destruction of infringing copies

Practical enforcement

Litigation isn’t always the first step. Often, a cease-and-desist letter, a platform takedown request, or a negotiated licence can resolve disputes faster and cheaper.

Enforcement is as much about strategy as law.

Next up in our Copy That series:
Part 9 – International Protection: Does My Copyright Travel?

Copy That, Part 7: Licensing and Assignment: How to Use and Share Copyright

Owning copyright doesn’t mean you have to keep it locked away. In fact, some of the most powerful uses of copyright come from sharing it—on your terms. That’s where licensing and assignment come in.

Licensing: permission with strings attached

A licence is essentially permission for someone else to use your work in a certain way. You remain the owner, but you set the rules.

Licences can be:

• Exclusive – only the licensee can use the work in that way (even you, the owner, may be excluded). Exclusive licences should always be in writing.

• Non-exclusive – you can license the same rights to multiple people at the same time.

• Implied – sometimes the circumstances imply a licence (e.g. sending your customer a graphical design they asked you to make for their business cards implies they can have it copied on to their business cards). But relying on implication is risky—always better to spell it out.

Creative industries often use open licences like Creative Commons to allow broad, standardised sharing. These licences can be very flexible, but once granted, they can’t easily be revoked.

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Sidebar: Creative Commons vs Copyleft

These two often get confused, but they’re not the same thing.

• Creative Commons (CC):
  A suite of standard licences that creators can choose from. Some are very open (like CC0, which waives rights), while others are more restrictive (like CC BY-NC, which bars commercial use).

• Copyleft:
  A philosophy that says: you can use, modify, and share this work freely, but if you create something new from it, you must share that new work under the same terms.

• Where they overlap:
  Some Creative Commons licences, like CC BY-SA, include a “ShareAlike” condition. That’s essentially a form of copyleft—any derivatives must be licensed the same way. But not all Creative Commons licences have this feature.

👉 In short: Creative Commons is a toolkit of licences. Copyleft is a principle. Some CC licences apply copyleft; others don’t.

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Assignment: a permanent transfer

An assignment is different: it transfers ownership itself.

• Assignments must be in writing and signed by the current owner.

• They can cover all rights, or just some (e.g. assigning film rights but keeping publishing rights).

• Once assigned, the new owner steps into your shoes and can enforce copyright as if they were the creator.

Assignments are common in publishing contracts, music catalogues, software acquisitions, and business sales.

Why the distinction matters

• A licence gives someone permission; you still own the copyright.

• An assignment gives someone ownership; you no longer do.

Mixing the two up in a contract can cause years of confusion—or even litigation.

IP Mojo tip: share smart, not loose

When letting others use your work, always be clear:

• Who is allowed to use it

• What they can do with it

• Where and for how long they can use it

• Whether the permission is exclusive or not

• How much (if anything) they’ll pay for it

That clarity is what turns copyright from a legal safety net into a practical business tool.

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Next up in our Copy That series:
Part 8 – Infringement and Enforcement: What Happens When It Goes Wrong
Because copyright only matters if you can enforce it when lines are crossed.

Copy That, Part 6 – Copyright and the Digital Age: Online Use, Streaming, and AI

If it’s online, it’s free to use… right? Wrong.

Copyright applies just as much to digital works as it does to a printed novel or a painting hanging in a gallery. The internet hasn’t erased the rules—it’s just made them easier to break (and harder to track).

Online sharing is still “publication”

Uploading a work—whether to YouTube, Instagram, or your company’s website—is a “communication to the public” under the Copyright Act. That means:

• If it’s your work, you control whether and how it’s shared.

• If it’s someone else’s, you need their permission unless an exception applies.

Tip: Even sharing a photo on your social media page can be infringement if you don’t have rights to it.

Embedding and linking: a grey zone

In Australia, simply linking to material usually isn’t infringement—unless you link to content you know (or should know) is infringing.

However, embedding (e.g. showing a YouTube video directly on your site) can raise trickier questions, especially if the embedded content bypasses restrictions or was uploaded without authorisation.

User-generated content and platforms

Social media and content-sharing platforms rely on a mix of:

• User agreements (you often grant them a licence to your uploads)

• “Safe harbour” provisions (protecting platforms if they remove infringing content when notified)

But these protections don’t extend to users—you’re still liable for what you upload.

Streaming and digital downloads

Streaming is also a “communication to the public.” Legitimate streaming services obtain licences for the works they make available. Watching or listening on a licensed platform is fine—streaming from pirate sources is not.

Downloading from an infringing source creates a copy and may compound the infringement.

AI and copyright: the hot debate

Training AI models on copyright-protected material is a live legal issue worldwide.

• In Australia: There’s no explicit exception (at least, not yet – the Australian government is presently considering that very thing) for AI training. If training involves making reproductions of protected works, it could be infringement unless licensed or covered by an exception.

• Courts haven’t ruled definitively here yet, but watch this space—policy reform is on the horizon.

Digital rights management (DRM)

Circumventing technological protection measures (like paywalls or anti-copying code) is generally illegal, even if your intended use might otherwise fall within an exception like fair dealing.

IP Mojo tip: Think “offline rules in an online world”

The digital age hasn’t changed the essence of copyright law—it’s just made the boundaries blurrier. If you wouldn’t photocopy and distribute it offline without permission, don’t assume you can do the online equivalent.

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Next up in our Copy That series:
Part 7 – Licensing and Assignment: How to Use and Share Copyright
Because sometimes you want others to use your work—and you need the right tools to do it on your terms.

Copy That, Part 5 – Exceptions and Limitations: Fair Dealing in Australia

There’s a common misconception that “if I’m not making money from it, it’s fine.” Not so.

In Australia, there are only very specific circumstances where you can use someone else’s copyright material without permission—and they’re called fair dealing exceptions.

These are not catch-all “free use” rules. They’re targeted, purpose-driven carve-outs in the Copyright Act, and if you step outside them, you risk infringement.

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The five main fair dealing purposes

You can use copyright material without permission if your use is fair and is for one of these legally recognised purposes:

1. Research or study

   • This includes both academic and private study.

   • Factors like the amount used and the purpose matter—copying an entire textbook probably isn’t “fair.”

2. Criticism or review

   • The material must genuinely be part of a critique or review, and you must provide sufficient acknowledgment of the source.

3. Parody or satire

   • This can be humorous or biting, but must be a genuine parody or satire—not just borrowing the work for entertainment value.

4. Reporting the news

   • Use must be connected to an actual news report, not just general commentary. Proper attribution is required.

5. Giving professional legal advice

   • Lawyers can use works as part of providing legal advice to clients.

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The fairness test

Even if you meet one of the above purposes, your use must also be “fair.”  Courts look at factors such as:

• The purpose and character of your use

• The nature of the work

• The amount and substantiality of the portion used

• Whether your use competes with or harms the market for the work

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Not to be confused with US “fair use”

The US doctrine of “fair use” is broader and more flexible. Australia’s fair dealing is narrow—if your use doesn’t fit one of the listed purposes, there’s no exception, no matter how “reasonable” it seems.

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IP Mojo tip: When in doubt, get permission

Fair dealing can be a powerful defence, but it’s not a free pass. If you’re outside the scope of the exceptions, or if “fairness” is debatable, permission (or a licence) is the safest route.

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Next up in our Copy That series:
Part 6 – Copyright and the Digital Age: Online Use, Streaming, and AI
Because copyright law applies online too—and the rules can surprise you.