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Download a glossary of terms used in this course.

Copyright can be understood as the legal concept that protects creative works, including books, journal articles, photos, computer programs and databases – among other things.

Copyright is an intellectual property right that arises automatically, without the need to fulfil any formalities, as soon as an author creates an original work and irrespective of whether the work is published. However, what characteristics need to be present for copyright to apply?

Select each character to find out what it takes for a work to be protected by copyright.

Continue on to find out what three researchers say about how a work can be protected by copyright.

"I have written an article and my supervisor has told me that it is protected by copyright because it is a work. She said that a 'work' is any production in the literary, scientific or artistic domain, whatever form it may take. Examples of protectable works are articles, books, lectures, photos, musical compositions (with or without words), films, drawings and paintings. Copyright doesn't apply to ideas, principles, facts, procedures or discoveries."

"That is true, but there are also other requirements that need to be fulfilled for something to be protected by copyright. One of them is the requirement that there is an author. I have read that an 'author' is the 'natural person' (human being) who creates the work. A work may be created by a single author or multiple authors. This might change in the future: there are a number of ongoing global cases looking at whether artificial intelligence (AI) systems can be an author or creator."

"You are both right, but don't forget originality! That is often the key requirement: a work is protected by copyright if it is 'original'. It needs to be the result of the author's own free and creative choices, which reflect their personality. In other words, this requirement means that a work has to display some creativity to receive protection under copyright."

Useful information

Copyright and artificial intelligence (AI)

Useful information

What does copyright mean for generative artificial intelligence (AI)?

When considering copyright and generative AI, there are three main issues:

  • IP infringement. Does this occur when copyrighted material is used to train AI systems? There are a number of ongoing cases in which authors, creators and artists are suing AI companies for using copyrighted materials without permission
  • AI generated content challenges a core principle of IP: only works produced by a 'natural person' or human being can be protected. The Artificial Inventor Project seeks to challenge this through a number of test cases around the globe
  • Who is the copyright owner of AI generated works? Is it the AI system, the AI system creator or the humans who developed the training models and/or prepared training data, for example?
 Academic application Academic application

A thorough understanding of copyright is a must for anyone conducting research and academic activities; it is very important that you understand how copyright can relate to your own research, particularly what you are and are not permitted to do when using someone else's work (which could be, for example, quoting from a book or using a database prepared by another research team). Remember that unpublished works, such as conference papers, are still protected by copyright.

It is important not to confuse the notion of originality with that of 'original contribution'. While the former is a legal concept and requirement, the latter refers to a contribution that advances knowledge in a certain field.

Consider each question and decide which answer is correct. Check your answer to reveal some feedback.

Consider each question and decide which answer is correct. Then continue on for feedback.

 Which of the following is not a 'work' under copyright law? A photo A mathematical principle A poem Copyright deals with the expression of ideas, not the ideas in their own right. This principle is also known as the idea–expression dichotomy. For example, if you write a book about two young lovers who come from rival families, copyright will apply to your book, which represents your original development and expression of the idea. However, copyright will not apply to the general idea of the story, which anyone will be free to use and develop. Which of the following cannot be an 'author' under copyright law? A child A computer scientist An animal In several countries around the world (for example, the US – see the 'IP in practice' pod), protection is unavailable to works exclusively created by non-human authors. In contrast, the UK, Ireland and some Commonwealth countries (not Australia though) explicitly allow the protection of works that are entirely computer-generated, so that the person who made the necessary arrangements is regarded as the author of those works. Aoife, a doctoral researcher, has written an article under the guidance of her supervisor. Who is the author of the article? The supervisor Aoife Aoife and her supervisor are co-authors Unless Aoife and her supervisor set up a collaboration to write the article together and the supervisor contributed significantly to its creation, Aoife will be regarded as the sole author of the article. IP in practice IP in practice

The US the Copyright Office has stated that the following works would not be protected because of who their author is:

  • A work created by an animal
  • A work dictated by a spirit
  • A work created entirely by a machine.

    • (US Copyright Office, 2021: section 313.2)

Because of its goal to protect a broad range of creative works, researchers should be aware of copyright, know when it arises, and understand what restrictions it creates. How does copyright relate to your own research outputs?