How does copyright apply to online content, like blog posts or social media updates?

In Plain English

Copyright law protects original content you create, like blog posts and social media updates. This means you generally own the rights to your work and can control how it's used. However, there are some things to keep in mind:

  • Infringement: Others can't copy or distribute your work without your permission.
  • Fair Dealing: There are exceptions, like using small portions of your work for news reporting or research.
  • Online Infringement: If someone is infringing on your copyright online, you can take action, including asking a court to order internet service providers or search engines to block access to the infringing content.

Detailed Explanation

Copyright protection extends to online content such as blog posts and social media updates, as these are considered original works. The Copyright Act 1968 grants copyright owners certain exclusive rights, including the right to reproduce, publish, and communicate their work to the public.

Actions for Infringement:

  • Under section 115 of the Copyright Act 1968, the owner of a copyright can take legal action against anyone who infringes their copyright. This includes seeking an injunction to stop the infringing activity and claiming damages or an account of profits.
  • The court may also award additional damages if the infringement is flagrant, if there is a need to deter similar infringements, or if the defendant benefited from the infringement (subsection 115(4) of the Copyright Act 1968).
  • The Copyright Act 1968 also addresses online copyright infringement specifically. Section 115A allows copyright owners to apply to the Federal Court for an injunction that requires a carriage service provider (like an internet service provider) to block access to an online location outside Australia that infringes copyright. This can also extend to requiring online search engine providers to remove search results that link to the infringing location. The Copyright Amendment (Online Infringement) Act 2015 and the Copyright Amendment (Online Infringement) Act 2018 further clarified and strengthened these provisions.

Fair Dealing Exceptions:

  • The Copyright Act 1968 allows certain uses of copyrighted material without permission, known as "fair dealing." This includes using copyrighted material for research, study, criticism, review, parody, or news reporting.
  • The Copyright Regulations 2017 provide some guidance on what constitutes a "reasonable portion" of a work for research or study purposes.

Online Safety Act 2021:

  • While the Online Safety Act 2021 primarily deals with harmful online content like cyberbullying and intimate images shared without consent, it also touches on copyright. The Act allows the eSafety Commissioner to issue removal notices for certain types of online content.
  • Complaints about online content can be made to the Commissioner, who may investigate and order the removal of offending material.