Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
ausip:copyrightownership [2019/03/10 12:04]
jessiej_87
ausip:copyrightownership [2019/03/10 12:07] (current)
jessiej_87
Line 25: Line 25:
 ### Work Produced in the Course of Employment ### Work Produced in the Course of Employment
  
-Where a creator is working under a contract of employment, the rule is that the employer owns copyright of works produced in the course of employment. ((//CA// s 35(6) )) The creator must be working under a contract *of* service, as distinguished from a contract *for* services. In other words, they must be an employee and not an independent contractor. ​ Additionally,​ a person employed as a consultant retains copyright in the work he/she produces, subject to contrary express agreement. ((//​Oceanroutes (Australia) Pty Ltd v M C Lamond//​)) ​+Where a creator is working under a contract of employment, the rule is that the employer owns copyright of works produced in the course of employment. ((//CA// s 35(6) )) The creator must be working under a contract *of* service, as distinguished from a contract *for* services. In other words, they must be an employee and not an independent contractor. ​ Additionally,​ a person employed as a consultant retains copyright in the work he/she produces, subject to contrary express agreement. ((//​Oceanroutes (Australia) Pty Ltd v M C Lamond// ​[1984] AIPC 90)) 
  
  
Line 76: Line 76:
 * the painting or drawing of a portrait; and * the painting or drawing of a portrait; and
  
-* the making of an engraving. ((//CA// s 35(5) of the //Copyright Act//))+* the making of an engraving. ((//CA// s 35(5) ))
  
 Copyright in all other commissioned works, such as works commissioned for a commercial purposes, vests in the author. Recall, however, that copyright ownership can always be modified by agreement. Copyright in all other commissioned works, such as works commissioned for a commercial purposes, vests in the author. Recall, however, that copyright ownership can always be modified by agreement.
Line 124: Line 124:
  
  
-Pursuant to s 97, where a person commissions a sound recording for valuable consideration,​ then the person who commissioned the recording is the copyright owner, subject to any agreement to the contrary. ((//Copyright Act 1968// (Cth )) +Pursuant to s 97, where a person commissions a sound recording for valuable consideration,​ then the person who commissioned the recording is the copyright owner, subject to any agreement to the contrary. ((//CA//)) 
  
  
  • ausip/copyrightownership.txt
  • Last modified: 4 months ago
  • by jessiej_87