Want To Protect Your Ideas Or Copyright? Here’s How An NDA Or Copyright Disclaimer Can Help. (2025 Updated)

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If you’ve created an original work – such as a website, book or educational programme – you probably have a few questions about how best to protect it.

Can I protect my idea?
How can I copyright my idea?
What happens if somebody steals my work?

In Australia, you cannot actually protect a mere idea from being used freely by others.

However, once your idea is expressed in a tangible form, it is granted automatic copyright protection as an original work.

It’s important to note that you do not have to formally ‘register’ your copyright as you would with, for instance, a trade mark.

Instead, once your creative idea is captured in a tangible medium, it automatically receives copyright protection under the Copyright Act 1968 (as amended in 2025).

So, what can you do?

Usually, the first step is drafting a Copyright Disclaimer.

When You’ve Created An Original Work: Copyright Disclaimers

What is a Copyright Disclaimer? Put simply, it is a legal statement in which you assert your ownership over your work.

You’ve probably seen the © symbol accompanied by wording that indicates the copyright is held.

Whether it’s a book, a YouTube video, or even a pitch deck, including a Copyright Disclaimer with your work makes it clear to others that you own it.

However, the intricacies of the Copyright Act can make matters a bit complex.

Your rights and obligations may vary depending on the type of original work you’ve created-you can read more about the nuances in our comprehensive guide on Australian Copyright Law.

Before you finalise your Copyright Disclaimer, it’s crucial to consult with an experienced IP lawyer who can advise you on your rights and obligations under current Australian copyright law, and explain the implications of the Disclaimer.

When You’re Still In The Idea Stage: NDAs

What if you’re still at the idea stage and haven’t yet created a tangible work?

In this case, a Copyright Disclaimer isn’t applicable. Nonetheless, you may still be looking to safeguard your confidential information.

While copyright law does not extend to mere ideas, it does protect confidential information.

If you’re discussing your concept with potential collaborators or investors, it’s wise to have them sign a Non-Disclosure Agreement (NDA).

An NDA is a legally binding agreement that secures your confidential information during commercial discussions.

For example, if you are pitching your idea to investors, an NDA can be an effective method to safeguard the details you share.

To discover more about how an NDA can benefit your business, check out our detailed article here.

Need Help With An NDA Or Copyright Disclaimer?

If you need assistance in protecting your creative work – whether through drafting an NDA or a Copyright Disclaimer – our team is here to support you!

Our friendly team of lawyers can guide you through your rights and obligations under Australian law and advise you on the best course of action. We also offer tailored legal services on topics such as business name registration and trade mark protection to help secure your brand identity in today’s competitive market.

You can reach us on 1800 730 617 or email team@sprintlaw.com.au for expert guidance.

Remember, keeping your ideas secure in today’s fast-paced digital environment is more critical than ever. Regularly review and update your legal measures, and consider seeking specialised advice when exploring new creative or commercial ventures. For further insights on safeguarding your intellectual property, our articles on Copyright Disclaimers and How Do I Copyright Something? provide invaluable guidance for 2025 and beyond.

Regie Anne Gardoce

Regie is the Legal Transformation Lead at Sprintlaw, with a law degree from UNSW. Regie has previous experience working across law firms and tech startups, and has brought these passions together in her work at Sprintlaw.

Amelia Abbott

Amelia is a commercial lawyer with a background in major projects, IP and IT outsourcing. Before joining the Sprintlaw team, Amelia worked at two national law firms and completed her studies in Law and Psychology at the Australian National University.