OWNERSHIP AND JOINT OWNERSHIP OF COPY RIGHT:

Introduction:
The creator of a copyrighted work does not always own the copyright.
In some cases other persons or entities own the copyright.
There are also rules governing copyright ownership when two or more people create the work.
Finally, copyright owners can assign rights to the copyright to others, particularly for the purpose
of marketing the protected work.

Creator and first owner:

In the case of written (including software and databases) theatrical, musical or artistic (including
photographic) works, the author or creator of the work is also the first owner of any copyright in
it. The only exception to this is where the work is made by an employee in the course of his or
her employment. In some situations two or more people may be joint authors and joint owners of
copyright.
In the case of a film, the principal director and the film producer are joint authors and first
owners of the copyright (and the economic rights). Similar provisions to those referred to above,
apply where the director is employed by someone.
In the case of a sound recording the author and first owner of copyright is the record producer, in
the case of a broadcast, the broadcaster; and in the case of a published edition, the publisher.
Copyright is, however, a form of property which, like physical property, can be bought or sold,
inherited or otherwise transferred, wholly or in part. So, some or all of the economic rights may
subsequently belong to someone other than the original creator or first owner. In contrast, the
moral rights accorded to authors of literary, dramatic, musical and artistic works and film
directors remain with the author or director or pass to his or her heirs on death. Such moral rights
will last as long as copyright lasts provided the creator did not waive his moral rights.

Works created for an employer

In the case of a written, theatrical, musical or artistic work, the author or creator of the work is
also the first owner of any copyright in it. The only exception to this is where the work is made
by an employee in the course of his or her employment.

Where a written, theatrical, musical or artistic work, or a film, is made by an employee in the
course of his employment, his employer is the first owner of any copyright in the work (subject
to any agreement to the contrary). In the course of employment is not defined by the Act but in
settling disputes the courts have typically had to decide whether the employee was working
under 'contract of service'.
Where a person works under a 'contract for services' he may be considered by the courts to be an
independent contractor and his works may then be considered to be commissioned works.
An employer should keep careful records of which person(s) created the work for them which
they own. The period of copyright protection may still be linked to the date of the death of the
creator(s) - that is the employee(s).

Commissioned works
When you ask or commission another person or organization to create a copyright work for you,
the first legal owner of copyright is the person or organization that created the work and not you
the commissioner, unless you otherwise agree it in writing.
However, in some circumstances, for example when copyright is not dealt with in the contract to
commission the work, Courts may be willing to find that there is an implied license from the
contractor to the commissioner so that the commissioner is able to use that work for the purpose
for which it was commissioned. This does not necessarily result in a transfer of ownership.
Instead, the company commissioning the work may only get a limited non-exclusive license.
This situation demonstrates the importance of establishing who owns copyright through a
contract.
Prior to 1 August 1989 though, the copyright in photographs, portraits and engravings (and
only those types of work) which were created as a result of a commission were owned by the
commissioner and NOT the creator. Therefore at that time, if you commissioned someone to take
photographs for you for instance of your wedding party, then you would be the owner of the
copyright in those photographs. The commission though must have been undertaken for money
or moneys worth that is equivalent goods or services.

Joint authors
Where two or more people have created a single work protected by copyright and the
contribution of each author is not distinct from that of the other(s), those people are generally

joint authors and joint first owners (although this might not apply where, for example, these
people are employees).
Joint ownership might arise, for example, if a person was commissioned to create a website
together with one of the company's employees. It is likely that both the person being
commissioned, and the company, would be joint first owners of copyright in the website. If
someone wanted to copy or use a work of joint ownership in some way, all of the owners would
have to agree to such a request, otherwise an infringement of copyright could still occur.
On the other hand where individual contributions are distinct or separate, each person would be
the author of the part they created for instance where the music and lyrics of a song are created
by two different people. In these circumstances, if you wished to use just the lyrics you would
only need the permission of the copyright owner of those, but copying of the whole song would
obviously need the permission of the copyright owner of the music too.
Of course, ownership of copyright can be transferred, so where something is produced that has
involved contributions from more than one person, it would be possible for copyright in all the
material to be owned by one person as a result of appropriate transfers. Indeed, collaborators can
agree in advance that copyright in what is to be produced should be owned by a single person or
body. This could be helpful when permission needs to be given in the future. However,
alternative solutions that might be equally helpful could involve all parties agreeing licensing
arrangements in advance.