© Copyright

September 2026

Please be aware that this is not legal advice. This is general, freely available information intended as a starting point for independent research. 

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At the end of this article, there are links to resources and future reading.

 

Retaining Copyright

In Australia, copyright of an author's IP (intellectual property) is automatically assigned once an individual creates something and documents it.

Adding the © Copyright symbol will remind people of this.

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Quoting from IP Australia - 

Copyright protection is free and automatic. It protects your original expression of an idea as soon as you document it.

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This is subject to change if a contract is signed that says anything to the contrary, or if working in a different country under different laws.

It is also important to note that copyright does not protect an idea, but rather the expression of an idea.

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The original creator of a work is called the ‘author’. In this age of AI (Artificial Intelligence), it is becoming more accepted to use the term ‘human author’.

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The difference between copyright and licensing 

Typically, a licence is what is granted to a client when commissioning an illustration. 

A licence gives clients the right to use illustrated work within agreed-upon parameters.

Some illustrators sell the copyright to their work for a variety of reasons.

Typically, an illustrator's verbal agreement or contract will specifically state where and when the illustration can be used. This will be the bounds of the licence.

If the need for usage expands beyond the original agreement, this can be organised by contacting the original author of the work. 

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As a designer, I have no right to an author's original IP, but I help it look as good as possible, whether it is image or text.

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AI (Artificial Intelligence) and copyright

At the time of writing and releasing this article (2026), any type of AI-generated visual art or creative writing is not eligible for protection under Australian Copyright Law.

Quoting from ACC AI and Copyright fact sheet 2025 - 

Under Australian copyright law, a literary, dramatic, musical or artistic work, that does not have a human author is not protected by copyright.

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In 2025, the Australian government declined to allow an exception in Copyright Law for AI companies to mine Australian creative text and images.

Although more complicated in practice than writing, I see this as a positive thing for Australian creatives.

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National Library of Australia Legal Deposit

A copy of every book published in Australia should be kept in the National Library of Australia to comply with Australian Copyright Law.

The library has online guides for all authors, including self-published authors, on how to do this.

Please follow the links below.

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Publishers and self-publishers
library.gov.au

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Publishers and self-publishers FAQ’s
library.gov.au

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Please follow the links below for more resources and information on Copyright and Intellectual Property Law.

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Australian Copyright Council
copyright.org.au

 

IP Australia
ipaustralia.gov.au

 

Arts Law Centre of Australia
artslaw.com.au 

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Read the Copyright Act 1968 here:
legislation.gov.au

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Further reading for authors

For writers at any stage in their career, I highly encourage reading the articles written by ASA (Australian Society of Authors). The ASA advocates for writers and illustrators in a professional and proactive way.
asauthors.org.au

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Writers NSW

Writers NSW has a wonderful database of information written in plain English regarding your rights as a creative in Australia.
writingnsw.org.au

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Further reading for commissioning illustrations 

Although American, the Guild of Natural Science Illustrators has a wonderful article on best practices for client engagement. It has some great, practical advice on hiring an illustrator and the copyright terminology is explained in plain English.

America does have differences in its IP/ Copyright laws. Bearing that in mind, the advice written here is generally applicable in an Australian context and a great starting point.
gnsi.org

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Illustrators Australia is the organisation that advocates for illustrators in Australia. Their advice and ethos align with the advice given by The Guild of Natural Science Illustrators in America.
illustratorsaustralia.com

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Thank you for reading to the end!

I hope that this article has given a firm base to begin independent research into IP and Copyright.

Credits

Written by Lillian Webb

Edited by Gina Cranson

Proofreading by Elizabeth Bird