(a) Direct infringement
Direct infringement of copyright is the use of the whole or a substantial part of the work without the permission of the copyright owner.
Copyright will be infringed where:
- one of the exclusive rights of the copyright owner is exercised without the permission of the owner
See 1.10: What rights are granted to the copyright owner?
- if the unauthorised act is done to the whole or substantial part of the work or other subject matter
The term 'substantial' is not defined and will depend on the quality not the quantity of what has been copied or communicated.
A reproduction does not need to be exact or identical to be an infringement. A copy in another dimension will constitute infringement. For example making a 3 dimensional copy of a 2 dimensional artistic work or vice versa will be a copyright infringement.
Copyright may also be infringed by a person who authorises someone else to exercise any of the copyright owner's rights without permission. This means that the copyright owner may sue the person who sanctions the activity as well as the person who performed the infringing activity.
(b) Indirect infringement
Copyright infringement may be indirect. For example:
- importing certain articles into Australia for commercial purposes such as a sale, hire, offering for sale or hire, or distribution
- dealing with certain articles commercially by sale, hire, offering for sale or hire or public exhibition for trade purposes
- allowing a place to be used for an infringing public performance of a literary, dramatic or music work
Educational institutions should also be aware of the provisions which relate to circumvention devices.
See 1.16: Liability of schools and individuals for copyright infringement and remedies
