Copyright Ownership: A Plain Guide for Creators and Clients

1. Copyright Means Control, Not Just Creation

Copyright protects original works. This includes writing, music, photographs, films, computer code, and art. The law gives the copyright owner the exclusive right to copy, publish, perform, or license that work.

But owning a copy of a thing, say a photo, painting, or book, is not the same as owning the copyright. You can hold the physical object and still need permission to copy it. Owning the frame doesn’t mean you own the image.

2. Who Owns Copyright?

The law says the “author” is usually the first copyright owner. An author is the one who gives form to the work—writes the book, takes the photo, draws the image, or codes the software. But this is just the starting point. There are clear exceptions.

Exceptions:

• If there’s a written agreement that says otherwise, that deal governs.

• If the author is an employee creating the work as part of their job, the employer owns the copyright—unless a contract says differently.

• If the work was commissioned, ownership can flip depending on the date and type of work.

• If the government directed or controlled the creation or first publication, the government usually owns it.

3. Employees vs Freelancers

If you’re on a payroll, working set hours, and your boss tells you what to create, your employer likely owns what you make. The law assumes this unless stated otherwise. But if you’re a freelancer—working on your own terms—you own what you create, even if someone pays you for it, unless a contract says otherwise.

There’s a difference between “employee” and “independent contractor.” Courts look at how much control is exercised, whether tax is withheld, and whether benefits are provided. If there’s doubt, put it in writing.

4. Journalists and Photographers

Ownership rules vary by date:

• Before 1 May 1969: Employers owned it all, but journalists could block use outside newspapers.

• 1 May 1969 to 30 July 1998: Employers could publish in papers and magazines. Journalists owned the rest (like rights to publish in books).

• After 30 July 1998: Journalists own rights for books and copying; employers keep rights to publish and broadcast—unless they agree otherwise.

  
  

5. Freelance Journalists and Photographers

Freelancers typically keep copyright, even when their work is published. But if they’re paid to shoot something specifically (like an event or portrait), the buyer might gain more rights—especially if the work was commissioned. Again, what matters most is what the contract says.

6. Commissioned Work: Who Owns What?

If you hire someone to create something, don’t assume you own it.

• Before 30 July 1998: The client who paid for a commissioned photo, portrait, or engraving likely owns the copyright.

• After that date: The creator owns the copyright unless the photo is for private or domestic use—like a wedding shoot. In that case, the client owns it.

For everything else—text, music, design—if there’s no written agreement, the creator keeps the copyright. But the client can usually use the work for the purpose it was commissioned for.

7. Films and Sound Recordings

If you arrange and pay for a film or video, you own the copyright in the moving images and sounds. But you don’t automatically own the screenplay or the music unless those were part of a separate agreement.

For sound recordings, the first owner is the one who owns the recording equipment or arranges the session. If money changed hands, the one who paid usually owns the copyright.

8. Performers’ Rights

Since 1 January 2005, performers have limited rights in sound recordings. These can include singers, actors, or musicians. If they’re employees, or if the recording was commissioned, they probably don’t own any copyright unless a deal says otherwise. Rights for performances before 2005 are weaker still.

9. Copyright and Government

If the Commonwealth or a State or Territory government creates or publishes a work, or directs or controls its creation, it owns the copyright. Local councils and statutory bodies are usually not included in this rule.

10. What Happens If There’s an Agreement?

An agreement beats the default rule. People often sign contracts when working with publishers, producers, or agencies. These contracts often say who owns copyright and how it may be used.

While the law may not always require that agreements be written, it’s wise to write them down. Clear terms avoid conflict. Write down who owns what, and how each party can use it.

11. Ownership Isn’t About Possession

 Holding the object doesn’t mean you own the copyright. For example, if you buy a painting, you don’t gain the right to reproduce it. That right stays with the copyright owner, unless transferred.

You may be allowed to charge fees for access to the object, but copying it is another matter. If you want to reproduce it (photograph, scan, publish), get the copyright owner’s permission.

12. Moral Rights Stay With the Creator

 Authors and artists have moral rights. These include:

• The right to be named as the creator

• The right not to be falsely credited

• The right not to have their work changed in a way that harms their reputation

Moral rights can’t be sold or given away. They stay with the creator, even if copyright is transferred. You can’t waive them completely, though some limited consents can be given in contracts.

13. Copyright Can Be Jointly Owned

 Two or more people can own copyright jointly. This may happen because:

• They jointly created the work, and their parts can’t be separated.

• They agreed to share ownership, even if they didn’t all help create it.

Bands, writing teams, and creative collectives often do this. It’s best to record these agreements in writing.

14. Common Questions

Q: How do I prove I own copyright if there’s no registration system?

A: The courts will look at facts: witnesses, drafts, creation dates. False claims carry serious penalties, including perjury.

Q: I wrote a book based on someone else’s idea. Who owns the copyright?

A: You do. Copyright protects the expression of ideas, not the ideas themselves.

Q: What if I pay someone to design a logo?

A: If they’re a freelancer, they still own it unless they assign the rights to you in writing. You can use the logo for the agreed purpose, but broader use may need their permission.

Q: What about volunteers?

A: Volunteers generally keep the copyright in what they create. The organisation may use it for its intended purpose, but continued use can be disputed. Formal agreements help avoid future problems.

Final Word

Copyright is about control. It protects the way a thing is expressed—not the idea itself. If you’re creating, paying, or commissioning creative work, put your agreements in writing. Don’t guess. Be clear about who owns what and how it can be used.

That clarity protects both sides, avoids legal fights, and gives everyone the certainty they need to create and share with confidence.

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