Checklist · Intellectual Property — Patents, Trade Marks, Copyright, Designs

Copyright subsistence, ownership and overlap comparison

Side-by-side comparison of two works against subsistence, ownership and the exclusive rights in the Copyright Act. It records overlap. It does not plead infringement.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when comparing two literary, dramatic, musical or artistic works before any letter of demand or pleading is settled.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool puts the lawyer's excerpts into the table and leaves every subsistence, ownership and infringement conclusion for the lawyer.

AI may

  • Place short excerpts the lawyer has marked, with source and page, into the comparison rows.
  • List which section 31 acts the lawyer has ticked as in issue.

AI must not

  • Do not say that copyright subsists, who owns it, or that it has been infringed.
  • Do not draft particulars, a statement of claim or a letter of demand.
  • Do not treat an AI-generated excerpt as a substitute for the work.

The lawyer checks

  • Read sections 32, 31, 35 and 36 against the works, including the connecting factors for a published work.
  • Check whether an agreement excludes or modifies section 35(4), (5) or (6), as section 35(3) allows.
  • If authorisation is alleged, apply the matters in section 36(1A).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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