The following three (3) requirements must be met in order for copyright to subsist in a work:
(a) Material Form
An idea itself will not receive copyright protection. The idea must be reduced to material form (whether it is written, recorded (including in musical or dance notation), filmed, painted, etc) before it is capable of copyright protection. The idea will only receive protection in the form in which it is expressed.
(b) Qualified Person
To be a qualified person, an author of a work must be a citizen or resident of either Australia or a country to which Australia has promised copyright protection under international treaties and conventions. Most foreign copyright owners are also protected under international treaties such as the Berne Convention.
(c) Originality
The work must be original. This does not mean the work must be novel or unique but the work must not be a mere or slavish copy of another work. It must be the product of the author's independent skill and effort. It does not have to be aesthetic in order to gain copyright protection. For example, accounting forms, football coupons and racing programs have been regarded by the courts as literary works capable of copyright protection.
In Australia, copyright protection is automatic. There is no need for copyright registration in Australia, nor is there a legal requirement to publish the work or to put a copyright notice on it.
A work will be protected as soon as it is put into material form, such as being written down or recorded in some way (filmed or recorded on an audio tape). Sometimes works are updated and changed by the owner or authorised persons. Generally, the new version is protected as a new work.
