-- JonathanMo - 14 Sep 2015

Scanning, uploading and downloading images

Scanning an image to produce a digitised version involves making a reproduction of the image. Uploading to a website or emailing the digital version involves communication of the image.

Both reproduction and communication of a copyright-protected work are specific rights of the copyright owner as provided in the CA, and both require the permission of the copyright owner.

Copying by downloading part of an image or photograph from the internet may still be infringing copyright if it is copying what is considered a substantial or important part of the image or photograph. What must be considered is the image itself, not the website or page where it was found. Altering or adding to a digital image to create a new image will require the permission of the copyright owner if an important part of the first image is recognisable in the new image. A person may also be in breach of the creator's moral rights if the work is not properly attributed to them or if it is altered in a prejudicial manner.

Amendments to the CA which are contained in the Copyright Amendment Act 2006(Cth), which received assent in December 2006, include amendments relating to time-shifting, format-shifting and space-shifting, and technological protection measures;