The Internet - Laws in a Lawless Land?

This is Part Three in our “Copyright Basics” series by Melbourne-based intellectual property lawyer Sharon Givoni. Sharon is the author of Owning It: A Creative’s Guide to Copyright, Contracts and the Law.

When it comes to navigating the online world, it can sometimes feel like the lawless lands of the Wild West. 

Whilst there are no specific provisions in the Copyright Act that apply to social media, the rules that apply to traditional media such as books can and do equally apply to social media use. 

Copyright and Social Media Platforms

The general rule with social media is that you will have copyright ownership over your own content. Although posting something on social media may not mean you are giving away your copyright, you are basically doing so by agreeing to the site’s terms of use.

The Internet and the Myth of a “Free for All” 

While social media can be a wonderful platform for the global distribution and recognition of work, the downside is the potential for the work to be replicated, changed and circulated broadly with no attribution back to the owner.

Just because content is publicly available, does not mean that material is free to use without permission. 

What can you do to protect your work from potential infringers?

Despite the law’s protection, the internet remains a dangerous place when it comes to protecting your own work.

The best thing to do is to be proactive and practical in protecting your designs. 

A practical measure you can take is to use the “©” symbol on your website or other online space, followed by your name and date. This lets others know that you own the work, and if anyone else wants to use it they need to obtain permission from you first.

Can I use the Public Domain in my Own Work? 

Not all works found online are protected under copyright. 

Generally, it is always safest to ask the author personally before reproducing anything you find on the internet, and to receive confirmation that they are happy with what you are reproducing it for.

What if you don’t know who owns the copyright? 

 In the age of reposting, the true owner of an image popping up on your feed can often be completely lost or obscured. 

Keep in mind that even if you can show that you made efforts to locate the owner of the work, and were unsuccessful, you will not necessarily be safeguarded against a claim of infringement.

It’s clear the internet carries benefits and risks for artists. While being online is a crucial form of engagement and recognition in this day and age, that same online presence raises a raft of legal considerations.

Disclaimer: This article is of a general nature only and must not be relied upon as a substitute for tailored legal advice from a qualified professional. Sharon Givoni owns copyright in this article. Sharon Givoni is the principal solicitor of Sharon Givoni Consulting.  She has over 25 years of experience in providing clients with commercial and IP law advice, and artists and creatives form a substantial part of her firm’s client base. 

Sharon is a creative problem solver and always cautious with the budgetary needs of her clients. Most importantly, she is dedicated to providing comprehensive legal advice in plain English, and does so through building direct relationships with her clients.  

Sharon is also preparing a second edition of her book “Owning It: A Creative’s Guide to Copyright, Contracts and the Law”, the first edition which has sold out. To find out more, visit: https://www.owningit.com.au/. 

For more information about Sharon Givoni go to www.sharongivoni.com.au. To contact Sharon Givoni and her legal team, contact info@iplegal.com.au