Copyright Protection of Broadcasts in Australia: The intersections between originality, economic investment, and social-oriented perspectives

Abstract

This article examines the copyright protection of broadcasts in Australia. It investigates the difference in the legal treatment of creative subject matter, in the form of original literary, dramatic, musical, and artistic works, versus productive subject matter, in the form of broadcasts. The analysis focuses on the social-oriented perspective of granting copyright protection to broadcasters, separately from that afforded to creators of original works. This paper also emphasises the social-oriented rationale for the protection of broadcasters’ rights under copyright law in Australia; that is, the wider interests of the public to access original content and information through broadcasts. Finally, this paper argues that copyright law in Australia needs to protect the interests of original creators and broadcasters, while enabling the wider public to access original content and excluding others from unauthorised use of their respective contributions.