Is the layout for a book, brochure or magazine protected by copyright?
The typesetting and typographical arrangement of an entire book, brochure or magazine will be protected as a “published edition”. This is a narrow and short copyright (only lasting for 25 years), owned by the publisher. It is not clear, however, whether the layout for a specific publication – or a general template for a layout – may also be protected as an “artistic work”. We are not aware of any Australian cases on this, and there are conflicting British cases. If a layout or template were protected, the first owner of this copyright would usually not be the publisher, but the relevant graphic artist or his or her employer. Generally, a claim that a particular layout is protected by copyright as an artistic work is likely to have a greater chance of success in relation to a more elaborate layout (such as in a magazine) than in relation to the typical layout of a book. As always, the best way to deal with any possible conflicts over the downstream use of what you create for clients is