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01 SOURCE
02 CHECK RIGHTS
03 EDIT
04 PUBLISH
The perfect clip. But can you use it?
This guide is for staff at an Australian digital media production company. You have found a song, image or clip that fits a client's advertisement. Is it cleared for your project?
Why copyright matters
Australian copyright law protects creators and gives rights holders control over certain uses of their work. Reusing protected material without permission or a valid exception can lead to copyright claims, takedown requests, compensation and production delays. It can also damage trust between the company, its clients and creators.
What you'll learn
By the end of this guide, you should be able to:
Identify copyright risks in short-form video production.
Recognise the rights behind music, images and footage.
Copyright owners control certain uses of original works, including reproducing them and communicating them to the public. Song lyrics are literary works, while musical compositions are musical works.
Section 85
02 — Sound recordings
A particular recording of a song has its own copyright. Reusing that recording may require permission separate from the underlying song.
Section 86
03 — Films
Video footage is separately protected. Copying footage or making it available online can engage the rights of the film copyright owner.
One practical distinction
The person who uploads a file is not necessarily its copyright owner. Find the actual rights holder and check what you are authorised to do before editing.
Online availability is not permission.
MODULE 03 / 05 • STAFF TRAINING
USING CREATIVE ASSETS
Every asset needs the right clearance.
SIMULATED EXERCISE / 01
Asset Rights Inspection
Three assets arrive for a client’s promotional video. Inspect each record, then choose your next action.
Select an asset
Music / Trending TikTok sound
Source
TikTok trend audio
Owner
Composition and recording rights to confirm
Licence
No licence record supplied
Scope
Client promo on TikTok and Instagram
Answer: Verify the applicable music rights and campaign scope. If you cannot confirm them, choose a track licensed for both platforms.
Image / Client-supplied photograph
Source
Client email attachment
Owner
Photographer and rights holder unconfirmed
Licence
No licence record supplied
Scope
Client promotional video
Answer: Ask for evidence that the rights holder permits this use. If permission cannot be confirmed, choose a properly licensed replacement.
Footage / Stock video clip
Source
Stock library preview
Owner
Check the supplier’s licensing record
Licence
Preview only. No applicable licence supplied.
Scope
Paid social advertisement
Answer: Check the licence for advertising, edits, channels, territory and duration. Save the terms and evidence of permission before using the clip.
01 — Music licensing
▰ AUDIO CLIPA1 / RIGHTS INSPECTOR
Can I use this song?
Combining music with video is called synchronisation, or 'sync'. An existing track can involve separate rights in the composition, lyrics and particular sound recording. Music publishers and recording owners may control different permissions; obtaining one licence does not necessarily clear the others. [3]
TikTok's Commercial Music Library offers music pre-cleared for specified commercial uses on TikTok. A trending sound outside that library may not be cleared for advertising, and TikTok clearance does not automatically authorise reposting to Instagram, YouTube or a client's website. Check the track, territory, platform and use before publishing. [4]
02 — Images and video clips
Found online ≠ free to use
Photographs, screenshots, illustrations and video clips can be protected even when publicly viewable. A client sending you a file does not prove they own the rights or can authorise your intended use. [2]
Before importing an asset, establish its source and owner. Read the licence for advertising, cropping or other edits, distribution channels, geographic limits and duration. Save a copy of the terms or written permission.
Creative Commons at a glance
CC BY:
permits commercial reuse and adaptations if attribution and other terms are followed.
NC:
does not permit uses primarily directed towards commercial advantage.
ND:
does not permit sharing adapted versions under the licence.
Check the full licence, including combinations such as BY-NC or BY-ND. “Royalty-free” still comes with conditions, and giving credit alone is not permission. [5]
If the licence is unclear, stop and ask before using the asset.
MODULE 04 / 05 • STAFF TRAINING
EXCEPTIONS & REAL CASES
An exception is not a shortcut.
01 — Fair dealing: two questions
01 / PURPOSEIs the purpose covered by a statutory exception?
02 / FAIRNESSIs this particular use fair?
Australia does not have a general exception for any use considered 'fair'. Fair dealing must first serve a purpose specified in the Copyright Act, and the particular use must also be fair. Sections 41 and 103A cover criticism or review, with sufficient acknowledgement; Sections 41A and 103AA cover parody or satire. [1]
For example, a film reviewer might use a short scene to discuss its editing. Using that same scene merely to decorate a client's advertisement is different. Whether a use is fair depends on its actual purpose and circumstances, not the label attached to it.
Case Study 01 — Universal Music Publishing v Palmer (2021)
Changing the lyrics doesn't remove copyright.
During the 2019 federal election, Clive Palmer used a rewritten and re-recorded version of Twisted Sister's We're Not Gonna Take It in political advertisements without securing a licence.
The Federal Court found that a substantial part of the original music and lyrics had been reproduced. Palmer's fair dealing defence based on satire failed. [6]
Total damages awardedA$1.5 MILLION
A$500,000
Damages under s 115(2)
A$1,000,000
Additional damages under s 115(4)
01
Licensing talks
02
Rights holder objects
03
Court proceedings begin
2021
Judgment delivered
Editor's takeaway: Changing lyrics or recording a cover does not remove the need to check the underlying song's copyright.
Receiving a photograph doesn't mean owning its rights.
Photographer John Napper supplied images for a proposed book collaboration. The court found that William Stapleton did not have permission to publish the photographs in the book or upload them to his business's Facebook page and website.
The court found copyright infringement and ordered an injunction, delivery up of infringing copies and damages. [7]
Editor's takeaway: Receiving an asset from a collaborator or client does not automatically give you permission to reproduce or publish it.
Ticking every box is not legal approval. The evidence still needs to support the planned use.
02 — If something goes wrong
Problem identifiedPause & inform supervisor
Before publicationAfter publication
Before publication: stop using the uncertain asset, tell your supervisor, and obtain clearance or substitute a licensed alternative. After publication: report the concern promptly, preserve the relevant records, and ask the supervisor and legal team to decide on correction, replacement or removal.
03 — Work ethically
Respect creators even when deadlines are tight. Credit them accurately, avoid false attribution or uses that unfairly damage a creator's reputation, and never assume a client's request overrides copyright obligations. [2]
04 — Quick knowledge check
You want to use five seconds from a film in a client's advertisement. You have no licence and are using it to set the mood. Does the short duration make it safe to use?
Reveal answer
Answer: No. Australian copyright law has no automatic five-second rule. Even a short clip can reproduce a substantial part if it takes an important part of the film. Using it to set the mood in an advertisement does not by itself qualify as fair dealing. Obtain permission or use a properly licensed alternative. [1]
[6] Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434; ABC News, “Clive Palmer ordered to pay $1.5m after losing Twisted Sister copyright case” (30 April 2021).