Copyright subsists automatically in Australia in original literary, artistic, musical, and dramatic works — there is no registration requirement. But automatic subsistence does not mean automatic enforcement: where copyright is infringed, the rights owner must enforce their rights. Copyright disputes arise in every commercial context — software, content, photography, creative work, websites, databases, and technical materials. EAGLEGATE advises copyright owners, licensees, and respondents on copyright disputes across Brisbane and Queensland.

EAGLEGATE is Doyle’s Guide-recognised for Intellectual Property in Queensland — Recommended 2020–2025, Leading 2026. Nicole Murdoch is a registered trade marks attorney and Fellow of the Institute of Patent and Trade Marks Attorneys of Australia (FIPTA).

Copyright is automatically owned. But it is only valuable if it is enforced.

Key Copyright Disputes Expertise — Own, Enforce, Defend

Copyright Subsistence and Ownership

Before enforcing copyright, ownership must be established. Under the Copyright Act 1968 (Cth), copyright in a work vests in the author at the moment of creation. Where the author is an employee creating the work in the course of their employment, the copyright ordinarily vests in the employer. Where a contractor creates the work, the contractor owns the copyright — unless there is an express written assignment. Copyright disputes frequently begin as ownership disputes: who actually owns the copyright in the work? EAGLEGATE advises on copyright ownership analysis and, where required, litigates ownership disputes.

Copyright Infringement — Substantial Part

Under the Copyright Act 1968 (Cth), copyright is infringed when a person reproduces, publishes, performs, or communicates a substantial part of a copyright work without the licence of the owner. “Substantial part” is assessed qualitatively — the reproduction of a small but important or distinctive part of a work can constitute infringement even where a small proportion of the total work has been taken. EAGLEGATE advises on whether a substantial part has been taken and pursues or defends copyright infringement proceedings accordingly.

Software Copyright

Computer programs are protected as literary works under the Copyright Act 1968 (Cth). Software copyright disputes arise where: a developer copies source code; a competitor reverse-engineers software; an employee takes software code when departing; or a business uses software beyond the scope of its licence. EAGLEGATE advises on software copyright disputes with the technical depth that Nicole Murdoch’s engineering background provides.

Digital Content and Website Copyright

Website content — text, images, code, data compilations — is protected by copyright under the Copyright Act 1968 (Cth). Where a competitor reproduces website content, scrapes data, or uses images without licence, copyright infringement proceedings may be available. EAGLEGATE advises on digital content copyright disputes and urgent injunction applications where infringing content is being used and causing ongoing commercial harm.

Licensing Disputes

Where copyright is licensed — through a commercial licence, an employment agreement, or a platform terms of service — disputes about the scope of the licence, the permitted use of the work, and the consequences of breach are common. EAGLEGATE advises on copyright licence interpretation, breach, and termination.

Moral Rights

In addition to copyright rights, the Copyright Act 1968 (Cth) provides authors with moral rights — the right of attribution (to be identified as the author of the work) and the right of integrity (the right not to have their work subjected to derogatory treatment). Moral rights cannot be assigned, only waived. EAGLEGATE advises on moral rights claims arising from the use or modification of creative works.

1. Establish Ownership and the Infringement

We establish who owns the copyright and whether a substantial part of the work has been reproduced without licence — the two foundational questions in any copyright dispute under the Copyright Act 1968 (Cth).

2. Act Quickly

Copyright infringement often involves ongoing reproduction that can compound damage rapidly. We advise on urgent injunction applications and cease and desist demands that stop the infringement quickly.

3. Quantify the Loss

We advise on the appropriate remedy — damages or account of profits — and work to establish the loss caused by the infringement with the evidentiary precision that a court requires.

4. Resolve or Litigate

We pursue negotiated resolution through a licence arrangement or damages payment where achievable, and conduct Federal Court infringement proceedings where litigation is required.