Intellectual property, or IP, refers to the ownership of original creative works. This can have as much status as a physical item of property, such as a car or a computer.
As soon as you express your IP in material form (such as by writing it down), you automatically have copyright in Australia. You can also apply for trademarks, patents and other rights to protect your property.
This section offers some basic guidance on where you can and cannot use someone else's IP, and how to seek permission and attribute it.
Where you need more detailed advice, you can contact IP Australia and the Australian Copyright Council.
Permission
You must have permission before you use someone else’s IP
By law, you cannot use material that is not your intellectual property. But you can seek permission through a licence from the owner.
However, you might not need permission if you’re simply quoting a small part of the work and you formally attribute the author. For example, the law makes allowances for research and study, where you often need to refer to other people’s work.
If you’re unsure, err on the side of caution and seek permission. Definitely don’t take someone else’s content and try to pass it off as your own. This includes modifying it or repurposing it.
Attribution
You should always credit an IP owner
By law, you must credit the author of any work you draw from, unless they have agreed not to be credited.
Even if you do this, remember that you may still need their permission to use the work.
If you quote from a work, use a recognised and consistent referencing style to credit the author. We recommend the documentary note system for general workplace writing.
Workplace IP
Employers generally own the IP of work their staff create
Don’t assume you own the IP of work you create for your employer, unless you’re an independent contractor. Check your employment agreement if you’re unsure.
