---
title: "Copyright subsistence, ownership and overlap comparison"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/copyright-subsistence-comparison"
type: "precedent"
site: "AI Law Framework"
id: "a23-copyright-subsistence-comparison"
area_id: "A23"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A23-T1-R7"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/copyright-subsistence-comparison  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 4 authorities it cites, for Commonwealth.

## 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

- [Compare two works for copyright subsistence, ownership and overlap](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/compare-two-works-for-copyright-subsistence-ownership-and-overlap.md)

## 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).

## Authorities

- [Copyright Act 1968 (Cth) s 32](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s32.html)
- [Copyright Act 1968 (Cth) s 31](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s31.html)
- [Copyright Act 1968 (Cth) s 35](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s35.html)
- [Copyright Act 1968 (Cth) s 36](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s36.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/copyright-subsistence-comparison and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*