In this age of big data, fragmented reading, and fast-food culture, having original content copied is a very common problem. For example, when you search for articles on a topic, seven or eight out of ten results may be near-identical — slightly tweaked versions of the same piece. Or take Australia’s beautiful scenery: stunning photos are everywhere online, so how do you make one image stand out rather than blend in with the rest?

But precisely because so many people are creating content these days, being genuinely original has become harder than ever, which makes truly original work all the more valuable.

As one of the countless editors out there, hand on heart, let me just say: you don’t need to treat us to a chicken drumstick — just copy a little less. And if you must copy, at least don’t be so lazy as to paste the whole thing verbatim. It feels like our intelligence is being insulted.

When original work is plagiarised, the first question many people ask is: can I sue?

In Australia, a work must satisfy at least four requirements to be protected under the Copyright Act 1968 (Cth).

First, the work must exist in material form — that is, it must have been recorded or presented in some concrete way. It’s worth noting that the Act does not protect ideas or concepts themselves.

Put simply, if you have a brilliant idea while taking a shower, the idea itself is not protected. But once that idea becomes a work and actually exists in tangible form, it will be protected — and, btw, the author does not need to submit any formal application.

Second, the work must fall within one of the categories of works listed in the Act. It can be published or unpublished, and covered categories include dramatic, musical and artistic works, graffiti, audio, video, broadcasts and more — no surprises there. Some categories you might not expect include training manuals, price lists, product brochures, and even computer programs.

The third point is the core — and the hardest hurdle: originality. You first have to satisfy the first requirement (turning an idea into a tangible work) before originality even comes into play. Originality is hard to define, but in short, if the author exercised independent judgment, skill, knowledge, intellect and hard work in creating the work, then the work will be protected by copyright.

Fourth, to be protected by Australian copyright law, the work must have some connection with Australia. The most common situation is where the work was created or published in Australia.

Determining infringement: modified copies are genuinely tricky

Those in the know might point out that nobody straight-up copy-pastes these days — everyone tweaks and edits. Generally speaking, reproducing, publishing or distributing part or all of a work without the original author’s consent can be considered infringement. However, the “part” in “part of a work” needs to involve a substantial similarity, which means that if the copier reproduces the content and then reworks it so that it’s similar-but-not-quite, establishing that “substantial similarity” becomes difficult.

That’s why enforcing rights over common forms of “creation” — text, images and music — is far from easy when they’re plagiarised.

Determining infringement: what if the other side says they didn’t know?

Besides the substantial-similarity requirement above, the infringed party also needs to show that the infringer had some form of access to, or possession of, the original work.

This can be difficult for unpublished and undisclosed works, but for publicly available works — a WeChat article, a YouTube video, for example — establishing a connection for infringement is usually much easier.

So, if you discover that your rights have been infringed

So, if you find that your rights have been infringed, the first practical step is to contact the platform where the content was published and get them to take down and remove the infringing work as soon as possible. Today’s mainstream platforms are well-versed in handling infringement complaints.

If the other side is intransigent, or you’re simply too furious to let it go, legal proceedings in Australia can achieve the following:

– an order stopping the infringer from continuing to use the work;

– an order requiring the infringer to publish a statement acknowledging the infringement and apologising;

– an order requiring the infringer to compensate you for losses or pay over the profits they made from the unlawful use of the work, among other remedies.