Professional Indemnity FAQ

What is Copyright Infringement?

Copyright infringement is using someone else's work, such as a story, a song, a video, a movie, a piece of art, a photograph, and other creative works, without authorisation or compensation, if compensation is required.

Copyright infringement is using someone else's work without getting that person's permission. The author of any original work, including books, essays, Web pages, songs, pictures, and videos, automatically gets the copyright to that work, even if she doesn't label it with the copyright symbol and her name. The work must be fixed in tangible form, which means it must be stored on something physical, such as paper, canvas, a CD, or a hard disk.

If another person makes copies or exploits a work commercially without the copyright owner's permission, then this is Copyright infringement. There has to be a "substantially similar" reproduction if infringement is to have occurred. Creating a very similar work independently does not mean there has been infringement. The subsequent work must be copied from the first version made. 

The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else's copyrighted work without permission, even if you give the original author credit.  

The difference between Copyright and Trademarks

The difference between Copyright and Patents

Intellectual Property Laws Amendment 2012 (Raising the Bar)

Claim Scenarios

Latest News

Illegal or unsuitable cladding now a big issue

Why we have laws, regulations and Australian standards? Because some people just do the wrong thing all for the sake of making money. The cladding issue is the subject of 4 Corners program on the ABC.

We are already seeing Insurance policies now placing exclusion endorsements into their policies excluding and claims relating to illegal cladding. We are seeing Governments demanding Audits of all existing buildings above a certain height. There are accusations of Builders taking other short cuts such as on Wiring, Pipes and sprinkler systems. 

The question is, who is to blame? Who will take responsibility?

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Small business in NSW

Right after the NSW Government have reimposed Fire Service Levies, they have at least made an effort for small business. The government has announced it will abolish stamp duty on a number of policies taken out by a small business. This is an important change.

What is a small business? In order to gain the exemptions, the business must be a small business for Capital Gains Tax Purposes for the income year in which the insurance is effected or renewed. A small business for CGT purposes is: “an individual, partnership, company or trust that is carrying on a business, and has an aggregated turnover of less than $2 million.”

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