First ownership
When a creator makes something, they are usually the first owner of the
copyright in that work. In the Copyright Act, the creator is referred to as the
“author” of the work (even for non-written works).
The rights belong to the author automatically as soon as an original work has been put into material form, such as in writing. There is no need to put a copyright symbol or notice on a work for a person to claim copyright ownership, although it is common practice to do so.
Of course, authorship and ownership are different concepts. There are some circumstances when the author will not be the first owner of the copyright.
When is the author not the first owner?
Although the general rule under the Copyright Act is that the author is first owner of copyright in a work, there are exceptions set out at
section 21 of the Act:
- Works created in employment: Where a literary, dramatic, musical or artistic
work is created in the course of employment, the employer will own the
copyright in the work. This means if you have written material as part of your job, or under a contract for services, your employer is the first owner of copyright unless there is agreement to the contrary.
- Certain types of commissioned works: Where someone
commissions (and agrees to pay) you to create certain types of works, the
person or organisation who commissioned the work will own the copyright
unless there is an agreement to the contrary. This is known as the
“commissioning rule” but it is worth noting that it only applies to
commissioned photographs, computer programmes, paintings, drawings,
diagrams, maps, charts, plans, engravings, models, sculptures, films, and
sound recordings.
- Works created under a Government Contract: Where a work is created in the course of employment by the Crown (such as a government department) or created by a Crown contractor, the Crown will own copyright. This is known as “Crown Copyright” and is set out at section 26 of the Copyright Act.
Rules of ownership can be varied by agreement
The rules of first ownership set out in the Copyright Act can be varied by agreement. For example, some employment contracts may contain a provision that an employee owns copyright in certain works they create during the term of an employment contract, and some commissioning agreements may stipulate that the artist retains copyright in works created.
There can be more than one owner
In some cases, there may be more than one copyright owner in a work. For example, where two or more authors collaborate on a work or where copyright has passed to several beneficiaries under a will. In these scenarios, it is important to reach an agreement between the multiple authors about how the control of and benefits from the copyright will be shared.
You can store the details of a commission or collaboration in
Catalogue.
Ownership can be transferred
As copyright is a property right, copyright ownership can be bought, sold, transferred and given away like any other form of personal property, for example through a contract or a will. For more, see the “
Contracts Dealing with Copyright” article.
Can moral rights be transferred?
Because moral rights are personal to the creator, they cannot be sold or transferred to another person. However, the right relating to false attribution may be enforced by a creator’s personal representative after the creator’s death.