Understanding Copyright Infringement in Australia: What You Need to Know

Introduction

In the digital age, content is constantly created, shared, and reused — often without much thought. But in Australia, copyright law provides strong protections for creators and legal consequences for infringement. Whether you're a business, artist, educator, or digital user, understanding copyright infringement is crucial to staying compliant and respecting intellectual property rights.

Writing a book

What Is Copyright?

Copyright is a form of intellectual property that automatically protects original works once they are created in a material form. In Australia, copyright is governed by the Copyright Act 1968 (Cth), and it covers a wide range of works including:

• Literary works (e.g., books, blog posts, computer code)

• Artistic works (e.g., paintings, photos, drawings)

• Musical works and sound recordings

• Films and television broadcasts

• Dramatic works (e.g., plays, choreography)

Unlike trademarks or patents, there is no registration system for copyright in Australia. It is automatic and exists from the moment of creation.

What Constitutes Copyright Infringement?

Copyright infringement occurs when someone uses a substantial part of a copyrighted work without permission. This includes:

• Copying or reproducing the work

• Publishing or distributing the work (online or offline)

• Performing the work in public

• Adapting the work (e.g., translating a novel or remixing a song)

• Importing unauthorised copies for sale

The use must be unauthorised, meaning the copyright owner did not give consent or grant a licence. Even non-commercial or accidental use can still amount to infringement.

Examples of Copyright Infringement

Copyright infringement can happen in number of ways — both knowingly and unknowingly. A few examples:

• A small business copies product descriptions or service outlines from a competitor’s website and pastes them into their own website without permission.

• An influencer uses copyrighted music (e.g. from Taylor Swift or Ed Sheeran) as background audio for a promotional Instagram or TikTok video without a proper music licence.

• A tutoring business photocopies entire chapters from an educational textbook and distributes them to students.

• A café prints merchandise (like mugs and t-shirts) featuring images of famous cartoon characters such as Pikachu or Mickey Mouse. These characters are copyrighted and often trademarked. Using them for commercial purposes without permission infringes multiple IP rights.

• A fitness centre plays popular songs in its gym or dance classes without obtaining a licence.

  
  

Exceptions and Fair Dealing

Australian law recognises limited exceptions under the “fair dealing” provisions, which permit use of copyrighted material without permission in certain circumstances, such as:

• Research or study

• Criticism or review

• News reporting

• Parody or satire

• Legal advice or proceedings

However, these are narrowly interpreted, and the use must be genuinely fair.

Penalties for Infringement

The consequences for copyright infringement in Australia can be significant, including:

• Civil penalties – injunctions, payment of damages or profits made from the infringement

• Criminal penalties – in serious cases, individuals can face fines up to $117,000 (as of 2025) or 5 years’ imprisonment

• Seizure of infringing goods – such as counterfeit merchandise or pirated DVDs.

Legal action can be brought by the copyright owner or reglatory bodies.

Avoiding Copyright Infringement

To stay compliant with Australian copyright law:

• Only use material that you’ve created or obtained under a valid licence

• Purchase stock images or music from reputable libraries with commercial rights

• Always credit creators where required

• Understand licence types (e.g., Creative Commons vs. commercial use)

• Train employees on copyright compliance in business or education settings

If in doubt, seek legal advice, especially if your business relies on publishing, design, branding, or online content.

Conclusion

Copyright infringement in Australia is not just a legal technicality — it's a matter of respecting the rights and creativity of others. By understanding your obligations and acting responsibly, you can avoid costly mistakes while building a compliant and ethical presence, both online and offline.