1. Copyright applies automatically

Copyright protects original works as soon as they are created.

Stories, scripts, or screenplays count as literary works.

Publication is not required for protection (Sec. 32).

2. Who owns the copyright

The author is the default copyright owner.

Rights can only transfer if explicitly assigned (Sec. 35).

3. Exclusive rights of the author

Includes copying, publishing, distributing, communicating, or adapting the work (Sec. 31).

Using a story without permission violates these rights (Sec. 36).

4. Moral rights

Protect the author’s credit and the integrity of their work (Part IX).

Works cannot be falsely attributed, altered, or used in a way that harms reputation.

5. Infringement consequences

Civil: injunctions, damages, or account of profits (Sec. 115).

Criminal: deliberate infringement for commercial gain can result in fines or imprisonment.

6. Exceptions

Limited exceptions exist for research, study, criticism, or reporting.

Do not cover wholesale copying or publishing of unpublished works.

Key takeaway

Using someone else’s unpublished story without written permission is illegal.

Always obtain permission and keep records of agreements to protect yourself.

References & Further Reading:

https://www.library.gov.au/services/copyright-library-collections/about-copyright 

https://www.nsla.org.au/wp-content/uploads/nsla-copyright-info-for-clients-2021.pdf 

https://www.legislation.gov.au/C1968A00063/2019-01-01/text