Hi there. From the information you provided, it sounds like your business activities may be affected by copyright. Australia’s copyright laws are set out in the Copyright Act 1968 (Cth) which ensures that people who create new material have a right to protect their work from unauthorised use by third parties.

Copyright law applies to a wide range of artistic works, including paintings, drawings, cartoons and photographs. The owner of the copyright is usually the person who created the original material, such as the artist who created the artwork. The owner’s copyright protection is automatically given to them from the time the work is first created. The owner does not “apply” for copyright and there is no system of registration.

The owner of the copyright has a number of exclusive rights over their material, such as the right to reproduce the work and to communicate the work to the public. Anyone who does not own the copyright will generally need permission to use the material in one of these ways (e.g. by obtaining a licence to use the material), otherwise they will be infringing copyright. Using part of the material without permission may also infringe copyright if it is an important part of the whole work.

If the book coverings you are using as part of your business comprise artistic material, such as drawings or cartoons, it is very likely that the original artist or the book publisher owns copyright in the material. You would need to obtain permission or a licence from the artist or publisher before using the material in business’ products. If you do not obtain permission or a licence, you run the risk facing legal action for copyright infringement.

Suggested way forward

Copyright and intellectual property rights can cause problems for small businesses if not managed properly. You should consider speaking to a lawyer about your business venture and how you can minimise any legal risks it may face. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.