Entertainment & Arts Law · Disputes & Dispute Resolution
Copyright infringement: enforcing your rights.
When someone stages your play or uses your music without permission, the law gives you real remedies. Here is how enforcement works, and the trap of overreaching.
By Aaron Kernaghan · Brady & Associates Lawyers · 13 September 2026
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.
Copyright infringement happens when a person does one of the copyright owner's exclusive acts, such as reproducing, performing in public, or communicating a work, without permission and without an exception applying. For performing artists, that can mean an unlicensed staging of a play, use of a song without a licence, or copying of choreography or designs.
The Copyright Act 1968 (Cth) gives the owner remedies, and copyright disputes are usually heard in the Federal Court or the Federal Circuit and Family Court. Most matters resolve well before a hearing, often after a clear letter of demand, because litigation is slow and costly for both sides.
What you must show
To enforce copyright you generally need to show that you own, or have an exclusive licence of, the copyright, that the work is original and protected, and that the other party did one of the exclusive acts, usually by copying from your work rather than creating something similar independently. Good records of authorship and dates make this far easier to prove.
The remedies available
A successful claim can lead to an injunction to stop the infringing use, and either damages to compensate your loss or an account of the profits the infringer made. Where the infringement was flagrant, the court can award additional damages under section 115 of the Act, which are meant to mark the seriousness of the conduct. The right mix of remedies depends on the case.
Start with a letter of demand
The usual first step is a letter that identifies your work and your ownership, sets out the infringing conduct, and asks for it to stop, along with any other outcome you seek, such as payment or a credit. A clear, accurate letter resolves many disputes. It also creates a record that you raised the issue and sought to resolve it.
The groundless threats trap
Be careful not to overreach. The Act allows a person who receives an unjustified threat of copyright action to bring their own claim for groundless threats. That means a heavy-handed or inaccurate demand, made without a real basis, can rebound on the sender. Get the ownership and the infringement right before you threaten action.
When to get advice
Enforcement is worth advice early, both to confirm you actually own the right you are asserting and to frame the demand so it is effective without being a groundless threat. Where the other side is using your work commercially, or the use is ongoing, moving promptly protects both your rights and your remedies.
Frequently asked.
What counts as copyright infringement?
Doing one of the owner's exclusive acts, such as reproducing, performing in public or communicating a work, without permission and without an exception applying, usually by copying from the work.
What remedies can I get?
An injunction to stop the use, and either damages or an account of profits. Where the infringement was flagrant, additional damages can be awarded under section 115 of the Copyright Act 1968 (Cth).
What is the first step if someone uses my work?
Usually a letter of demand identifying your work and ownership, setting out the infringing conduct, and asking for it to stop or for another outcome. Many disputes resolve at this stage.
Can a demand letter backfire?
Yes. The Act allows a claim for groundless threats where an unjustified threat of action is made. Confirm your ownership and the infringement before threatening action.
Where are copyright cases heard?
Usually in the Federal Court or the Federal Circuit and Family Court of Australia.
If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.