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Copyright and Pirating:

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Copyright is governed by the provisions of the Copyright Act 1968 (Cth) and pertains to the rights and liabilities surrounding the use of intellectual property. The internet is no stranger to intellectual property violations. Everything from images, audio and visual recordings, as well as various types of programmes may be copyrighted and therefore not open to open use. This means that they cannot simply be downloaded and reused without permission (though the Act does provide for exceptions and defences in some circumstances).

However, there is a creature called freeware and open source data, which is specifically made available for free use, editing and manipulation. There are various reasons why this kind of intellectual property may be available for free use. Some internet groups and online communities operate under altruistic principles and believe that the freedom of use creates an environment of innovation and progress. Other individuals may allow free use of computer software (known as “freeware”) under certain conditions. They may ask for a voluntary fee or donation, or allow free use for a limited period of time.

Alternatively, they may require that the user accept that the freely available material comes with a programme which reports back to a central server by providing reports on the users browsing history, use of the programme or other marketing related matters. It is important to note that when downloading freeware, a license agreement may contain a condition that this be consented to. Many people online do not read the minutia or ‘fineprint’ of license agreements when they download new or additional software for their computer systems because the agreements can be long and tedious. This creates a risk that the user may be consenting to a “spyware” component of their desired programme and not know about it.

For other online material that is ordinarily copyrighted and not for free distribution, some form of consideration needs to be made before that material is downloaded and used. This material is most commonly music and film files, as well as various types of software. Pirating is the illegal copying and distribution of copyright material. Pirating can occur through:

  • Downloading directly from a website and use of copyrighted material;
  • Sharing downloaded data with third parties;
  • Sharing through “peer to peer” or “P2P” systems;
  • Sharing through torrent systems; and
  • Sharing and distribution through any other publically available database or network.

For more information about copyright, you may wish to refer to the information under our “Intellectual Property” Law practice area.  

If you believe that you may be in a situation involving this area of law, there are a number of pressing legal issues that may need to be considered before any steps are taken to progress your matter. Our copyright and pirating lawyers have been assisting clients for over a decade and we have the experience and expertise required to guide you through your legal problem.

If you would like to discuss any of these issues with a pirating and copyright lawyer, you can contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au to set a meeting with one of our Cyberspace Lawyers. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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