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Copyright Series

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Copy That, Part 2 – Who Owns Copyright? Navigating the Rights Minefield

You wrote it. You made it. You own it… right?

Not always.

In Australia, the question of who owns copyright isn’t as simple as “the person who created it”.

The answer depends heavily on how the work was created, who you were working with at the time, and what agreements—if any—were in place. Misunderstanding ownership rules can cause disputes that are far more expensive to fix than they would have been to prevent.

The general rule: the creator owns the copyright

If you sit down at your kitchen table and write a short story, paint a landscape, or compose a song, you own the copyright. No-one else can use it without your permission.

But in the real world, works are often created in the context of a job, a collaboration, or a paid commission—and that’s where the rules get tricky.

When the general rule doesn’t apply

There are a few other specific exceptions under the Copyright Act (for example, certain government works and older commission rules), but for most situations the main ones to watch are:

1. Employees

If you create a work in the course of your employment and as part of your normal job duties, the copyright usually belongs to your employer.

That “in the course of employment” test is important—something you do entirely on your own time, with your own equipment, may well remain yours.

2. Contractors & freelancers

Unlike employees, independent contractors usually retain copyright in their work unless there’s an agreement that transfers it to the client.

That means if you commission a designer to create a logo without a written assignment of copyright, they might still own it, even though you paid for it.

3. Commissioned works

Paying for a work doesn’t automatically make you the copyright owner. The main exception is certain photographs and portraits commissioned for private or domestic purposes—here, the person commissioning the work is the first owner of copyright.

4. Collaborations

Just because two people worked together on a project doesn’t mean they’re joint authors. Joint authorship arises only if each person made a real creative contribution to the work.

Supplying ideas, feedback, or research assistance doesn’t always count.

Why it matters

Getting ownership wrong can leave you unable to stop someone else from using the work you thought was yours—or unable to use it yourself without their permission.

Disputes often arise years later, when the work turns out to have commercial value.

IP Mojo tip: put it in writing

Whether you’re commissioning a work, collaborating on a project, or creating as part of your job, don’t rely on assumptions.

A clear, written agreement about who will own the copyright (and on what terms) is one of the cheapest and most effective forms of IP insurance you can buy.

Next up in our Copy That series:
Part 3 – Economic Rights, Moral Rights, and Beyond
Because copyright isn’t just about money—it’s also about recognition and control.

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Part 1 – Copyright 101: What It Is and Why It Matters

If you create, you already own more than you think.

Every day, Australians are producing things that copyright protects—often without even realising it. A marketing brochure. A wedding photograph. A hand-drawn logo. The source code for an app. The jingle that gets stuck in your head from your local café’s radio ad.

Copyright is the invisible shield that springs into existence the moment an original work is created. No forms to fill in, no fees to pay, no government stamp of approval required. In Australia, the protection is automatic.

So, what does copyright actually protect?

Quite a lot. The Copyright Act covers a wide range of works, including:

  • Literary works – from novels and poetry to software code and blog posts

  • Musical works – original music compositions

  • Dramatic works – plays, screenplays, choreography

  • Artistic works – paintings, photographs, drawings, architectural plans

  • Films – movies, short films, animations

  • Sound recordings – audio files, albums, podcasts

  • Broadcasts – radio and television transmissions

  • Published editions – the typographical layout of printed material

What it doesn’t protect is just as important: ideas, titles, names, slogans, methods, or styles. Those might fall into other areas of intellectual property, like trade marks, patents, or designs.

The rights you get as a copyright owner

As the owner, you have exclusive control over how your work is used. That means you can:

  • Reproduce it – make copies, whether physical or digital

  • Publish it – make it available for the first time

  • Communicate it – share it online, broadcast it, or stream it

  • Adapt it – turn your novel into a screenplay, or your photo series into a calendar

These rights are known as economic rights—and they’re the foundation for licensing deals, royalties, and other commercial uses.

How is copyright different from trade marks and patents?

Think of it this way:

  • Copyright protects the original expression of an idea (e.g. the book you wrote).

  • Trade marks protect your brand identity (e.g. the name and logo on the cover).

  • Patents protect new inventions or processes (e.g. a new kind of printing press).

  • Design rights protect the visual appearance of a product (e.g. the unique shape of your book’s slipcase).

Different tools, different jobs—but all part of the IP toolkit.

Why it matters

In a world where content is copied, reposted, and remixed in seconds, copyright is one of the most important protections a creator or business can have. It helps you:

  • Stop unauthorised copying or use

  • Control how your work is presented and distributed

  • Monetise your creativity through licensing and sales

  • Safeguard your competitive edge

The bottom line? If you create something original, copyright is already in your corner—you just need to know how to use it.

Next in our “Copy That” series:
Part 2 – Who Owns Copyright? Navigating the Rights Minefield
Because owning it isn’t always as simple as creating it.