Module 3 - Legal Issues

It was interesting to read in Copyright Website about the differences between Copyright, Trademarks and Patents and what each of them protect. The what, how and whys of copyrights are all addressed in the US legal framework but I wonder if Australian law is the same?

Sounds as thought pretty much anything on the Net is available to be copyright and the copyright process is relatively simple but it sounds to me that it does require the author to actively state the work is copyright and go through a bit of form filling. Otherwise the work falls into the public domain. Obviously if one is in the business of creative expression, be it a journalist, scriptwriter, academic etc, it makes sense to protect your work with copyright but would you bother with something like a blog? Indeed, could I copyright this blog if I thought it worthwhile (which I don't)?

The litigation in this area sounds like a minefield but is interesting seeing how the limits of copyright infringement have been tested. Especially with sites like YouTube and Music sharing.

Anyway, in response to the questions:

• Have I used images or words on my web page or website that contravene copyright laws?

I don't believe I have. The images are my own and the text also my own although I do need to include a complete list of references.

• Would you be in breach of copyright if you put the Curtin logo at the top of your web page for an assignment? This information may be difficult to find so be prepared for a search and some independent thought!

Well, copyright protects expression and graphic art is included in that. However, it does not protect names. So in the case of the Curtin logo which consists of the name and the graphic shield, one would assume this is not protected by Copyright but rather by trademark. The shield design may be available to be copyright on it's own but the trademark would cover both.

I searched the Curtin website and there is a policy of use of the logo. It defines the logo as follows:

Logo means the registered trademark of Curtin University of Technology. This
incorporates the shield, the word “Curtin” and the descriptor “University of Technology”. (Curtin Policies and Procedures http://policies.curtin.edu.au/policies/az_index.cfm)

It also states that the logo is an unalterable registered trademark.

So, I believe the use of the logo is not a breach of copyright but rather a breach of trademark which could be actioned by the University should they wish.