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Copyright or Wrong? What every writer needs to know
Writers thrive on ideas—but copyright law protects the way those ideas are expressed, not the ideas themselves. That means two authors can write about a zombie apocalypse, but their exact wording, character development, and storytelling style are what copyright protects.
But what happens when the line between inspiration and imitation gets blurred? In the world of publishing, screenwriting, and journalism, copyright disputes can arise when creative works overlap too closely.
The Difference Between Ideas and Expression
Under Australian copyright law, a plot concept is not protected—but a detailed script, written dialogue, and unique character arcs are. This allows creativity to flourish while still protecting original works.
Take the case of a shark thriller gone wrong—literally.
In 1982, Universal Studios successfully sued the makers of Great White (also known as The Last Shark), arguing it was a blatant rip-off of Jaws. The court found striking similarities between the two films, including the plot, characters, and overall structure. The ruling led to an injunction stopping the release of Great White in North America, proving that copyright law doesn’t just apply to words on a page—it extends to films, scripts, and beyond.
What’s at Risk? Copyright Law in Action
In another case, a magazine publisher was found guilty of copyright infringement for lifting a substantial portion of a feature article from another publication without permission. Even though the second magazine made small changes to the wording, the structure and key elements of the original work were too similar.
These cases show that while inspiration is free, copying isn’t.
Courts look things like:
- The degree of similarity between two works.
- Whether the second author had access to the original.
- If substantial parts of the original work have been copied.
A famous quote in our view sums up the balance copyright law tries to strike:
“Copyright assures authors the right to their original expression but encourages others to build freely upon the ideas and information conveyed by a work.” – Harper & Row (U.S. Supreme Court case Harper & Row v. Nation Enterprises)
Copyright Tips for Writers
Writers need to take steps to protect their work and avoid legal pitfalls. Here are some tips:
- Create original content – Drawing inspiration is fine, but copying someone else’s expression of an idea can lead to legal trouble.
- Keep records – Document your drafts and revisions to prove ownership if a dispute arises.
- Use copyright notices – While not mandatory, they help deter unauthorised use.
- Monitor your work – Keep an eye out for potential infringement.
- Use digital watermarks – Apply visible or invisible watermarks to identify ownership and deter unauthorised use of digital works.
- Implement protection measures – Use digital rights management (DRM) tools to control access and prevent copying of digital content.
- Educate collaborators – Ensure employees and collaborators understand your copyright and its usage limitations.
If in doubt, seek legal advice.
Copyright law can be complex, and what seems like fair use may not always be legal.
As Mark Twain famously said:
“Only one thing is impossible for God: to find any sense in any copyright law on the planet.”
At Sharon Givoni Consulting, we help writers, journalists, and content creators understand their rights, protect their work, and navigate copyright disputes.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.