Exploitation of Copyright Works

Last updated 12 February 2026

As discussed above, copyright owners may exploit their works in a number of ways. They may wish to exploit the works themselves by reproducing, publishing, performing, communicating or making adaptations of their works.

Alternatively, a copyright owner may grant permission to someone else to exploit their works. This may be done by selling (otherwise known as assigning) or licensing copyright in their works to a third party. It is recommended that any agreement for permitting copyright use should be in writing. Rights may be limited in three ways: purpose, duration and geographic area of use.

Assignment

Copyright owners may assign their copyright to another at any time. The new owner, known as the assignee, can then enjoy the exclusive rights of the copyright in a work until copyright expires. Assignment of copyright must be in writing and signed (s 196(3) Copyright Act 1968 (Cth) (Copyright Act)).

Licensing

While the copyright owner is able to transfer or assign their works, in practice it is often more profitable for copyright owners to license the use of their works than to sell those works. This practice enables the continuing commercial exploitation of the work during its period of use. Licensing is merely granting permission to another to do the acts that would otherwise infringe copyright. There are two types of licences:

• Exclusive licences, which must be in writing and signed, grant rights for a particular purpose and provide a guarantee that those rights will not be granted to others (s 10(1) Copyright Act).
• Non-exclusive licences grant rights for a particular purpose and may be granted to more than one person.