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ausip:copyrightownership [2019/09/11 14:32]
nic
ausip:copyrightownership [2019/10/28 15:41] (current)
220.233.35.68
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 In determining whether the work is created in the course of employment, it can be helpful to ask: "​Whether on the one hand the employee is employed as part of the business and his work is an integral part of the business, or whether his work is not integrated into the business but is only accessory to it, or, […] the work is done by him in business on his own account."​ ((//Mr Diljeet Titus v Mr. Alfred A Adebare// 130 (2006) DLT 130 (Delhi High Court) )) In determining whether the work is created in the course of employment, it can be helpful to ask: "​Whether on the one hand the employee is employed as part of the business and his work is an integral part of the business, or whether his work is not integrated into the business but is only accessory to it, or, […] the work is done by him in business on his own account."​ ((//Mr Diljeet Titus v Mr. Alfred A Adebare// 130 (2006) DLT 130 (Delhi High Court) ))
  
-__//Beloff v Pressdram Ltd//__ (([1973] FSR 33))+<WRAP case>__//Beloff v Pressdram Ltd//__ (([1973] FSR 33))
  
 The plaintiff, a political correspondent of the "​London Observer",​ issued a politically sensitive internal memo to the editor and senior staff about the Prime Minister. ​ It was published in full by the “Private Eye”. ​ The plaintiff sued for infringement of copyright. The plaintiff, a political correspondent of the "​London Observer",​ issued a politically sensitive internal memo to the editor and senior staff about the Prime Minister. ​ It was published in full by the “Private Eye”. ​ The plaintiff sued for infringement of copyright.
  
 Held, as the plaintiff was employed under a contract of service, the copyright in the memo was vested in the owners of the "​London Observer"​ and not in the plaintiff. Held, as the plaintiff was employed under a contract of service, the copyright in the memo was vested in the owners of the "​London Observer"​ and not in the plaintiff.
 +</​WRAP>​
  
 The issue of ownership also arises when dealing with student produced work. Unless specifically employed to produce work in the course of employment (as outlined above), any work produced by a student will be owned by the student. ​ The issue of ownership also arises when dealing with student produced work. Unless specifically employed to produce work in the course of employment (as outlined above), any work produced by a student will be owned by the student. ​
  
-The below table is a guide for students when considering copyright and ownership. 
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-Copyright Ownership for Students - a step by step guide adapted from "​Copyright Ownership for Students"​ by Laura Falkner and Harriet Salisbury CC-BY 4.0  
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-^ Question ^ If No ^ If Yes |  
-| 1. Are you a University/ College, TAFE or other student? | You should refer to the ownership section of this chapter | Continue to question 2. |  
-| 2. Have you created an output as part of your assessment? | You may need to consider whether you created the output as part of your employment. | Continue to question 3. | 
-| 3. Have you agreed to assign all or part of your copyright to your institutional provider or anyone else? To answer this question you should familiarise yourself with the task sheet, the submission process for the assessment item, your intellectual property policy for your institutional provider. If you work for your institutional provider you may need to additionally consult your employment contract. | If you do not think you have assigned any of your copyright, proceed to question 4.  | If you have assigned some or all of your copyright to your institutional provider (or to some other person or entity) they may own all or part of the copyright in your output. This will depend on what you have assigned, your institutional provider'​s intellectual property policy and any employment contacts you may have that pertain to the output. | 
-| 4. Do you own copyright in your work? | If you said no to question 4. you own the copyright in your work. As the copyright owner you have the exclusive right to cause your output to be seen, heard, reproduced, or communicated to the public. Your lecturer, teacher or someone else might want to make use of your work in some way - perhaps as an example in future teaching.| You have assigned some or all of your copyright to someone else. You no are no longer the copyright owner (or the sole copyright owner) in some or all of the output. | 
-| 5. Do you want to give someone permission to use your work in a particular way? Has anyone asked your permission to use your work? | If no, any unauthorised use of your work may amount to copyright infringement. | If yes, you have the ability to agree to let someone use your work in a particular way. You can provide a license to a person to make use of your work in a set way for a specific period of time.  |  
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 ### Journalists ### Journalists
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 Under s 35(5), if the person who commissions the relevant artistic works makes known to the author, either expressly or impliedly at the time of making the agreement commissioning the work, the purpose for which the work is required, then the author can restrain the person from using the work for other purposes.  ​ Under s 35(5), if the person who commissions the relevant artistic works makes known to the author, either expressly or impliedly at the time of making the agreement commissioning the work, the purpose for which the work is required, then the author can restrain the person from using the work for other purposes.  ​
  
 +<WRAP case>
 __//​Blackwell v Wadsworth//​__ (((1982) 64 FLR 145 )) __//​Blackwell v Wadsworth//​__ (((1982) 64 FLR 145 ))
  
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 Held, the defendants had infringed copyright – there was no implied license for the defendants to reproduce the work. Held, the defendants had infringed copyright – there was no implied license for the defendants to reproduce the work.
 +</​WRAP>​
  
 ### Joint Ownership ### Joint Ownership
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