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kattorney, Attorney
Category: Business Law
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Hello, I am the owner of a company in Montreal Canada.

Customer Question

Hello,

I am the owner of a company in Montreal Canada. It has come to my attention that an Australian company has plagiarized my published medical book. I am trying to locate the actual copyright law they have breeched. How many copy right laws are there in Australia? Can you please send me a link to a description of all of them, so that I can see which one this company falls under.

Thanks
Submitted: 2 years ago.
Category: Business Law
Expert:  kattorney replied 2 years ago.

Kathie Russell :

Here is a link to the Australia Copyright Act. http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/

Kathie Russell :

However, I am not sure you will find what you are looking for there - did you file an international copyright on your book? Or just a Canadian copyright?

Kathie Russell :





The provisions of the Australian Copyright Act extend to works of nationals, citizens and residents of other convention countries and to works made or first published in those countries, by virtue of the Copyright (International Protection) Regulations 1969. Copyright will therefore subsist in Australia in a work made by a national of a country that is a party to one of the copyright conventions to which Australia is also a party - provided the type of work concerned is covered by the convention. This is subject to certain restrictions in the regulations.


For example, as Australia and the United States are members of the Berne Convention for the Protection of Literary and Artistic Works, original works of US nationals or works first published in the US will receive the same copyright protection as Australian nationals receive under the Copyright Act.


In order to establish in court proceedings who is the owner and whether the copyright has been made under conditions or in a place that is recognised in Australia as giving rise to a valid copyright, valid foreign certificates and documentation (eg US Copyright registration certificates) can be used as evidence and are given a degree of evidentiary weight. It will be up to the person disputing the ownership and publication information in such certificates to point to something that raises an issue as to the accuracy of what they say.




Kathie Russell :

Australia is a party to a number of international copyright treaties and conventions including:



  • Berne Convention for the Protection of Literary and Artistic Works (Berne Convention)

  • World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)

  • WIPO Copyright Treaty

Kathie Russell :

I believe Canada is also a member of Berne and WIPO

Kathie Russell :

Hope this is helpful

kattorney, Attorney
Category: Business Law
Satisfied Customers: 1142
Experience: 16 years experience with a concentration in business, corporate and contracts law
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