Copyright and Moral Rights in Australia — Why Credit Still Matters - Ep 26

In this episode of Elise Explains IP, Elise unpacks one of the most misunderstood areas of Australian copyright law: moral rights.

Most business owners understand the concept of copyright ownership — but far fewer understand that creators can retain important personal rights connected to attribution, reputation, and integrity, even when copyright itself has been assigned.

Using the recent Federal Court decisions in:

  • McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
  • McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653

Elise explains why these cases are becoming so important for filmmakers, agencies, designers, photographers, writers, and creative businesses across Australia.

The episode explores:

  • What moral rights are under Australian copyright law
  • The difference between copyright ownership and attribution rights
  • The right of attribution, integrity, and protection against false attribution
  • Why “blanket” moral rights waivers may not be enforceable
  • How the Federal Court approached creative credit disputes in McCallum
  • Why attribution disputes can become major reputational and commercial problems
  • Practical lessons for creatives, production companies, agencies, and businesses

This episode is particularly relevant for:

  • filmmakers and production companies
  • marketing and creative agencies
  • designers and photographers
  • founders working with freelancers or contractors
  • businesses commissioning creative work
  • anyone relying on template IP agreements

Key Takeaways

  • Copyright ownership and moral rights are separate legal concepts
  • Creators can retain moral rights even if copyright is assigned
  • Proper attribution matters commercially and professionally
  • Generic moral rights waiver clauses may not provide complete protection
  • Creative roles and credits should be clearly documented from the beginning of a project
  • Businesses should review template agreements and attribution processes

Cases Discussed

  • McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
  • McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653

Need Advice About Copyright or Creative Contracts?

If you need assistance with:

  • copyright ownership
  • licensing arrangements
  • creative or production agreements
  • moral rights issues
  • IP protection strategies
  • contractor and agency agreements

you can book a strategy call via:

www.elisesteegstra.com

Connect with Elise

Website: www.elisesteegstra.com

If you enjoyed this episode, please subscribe, leave a review, and share the podcast with a business owner, creative, or agency team who would benefit from understanding how moral rights actually work in Australia.