Australian Copyright Council

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FAQ

If I am paid to create a design, what rights does the client have?
28.05.2009

As noted above, a freelance artist or designer is usually the first owner of copyright. Generally, the client will have the right to use the design for the purpose for which it was commissioned. It is a good idea to have a written agreement which sets out the client’s rights. For further information, see our information sheets Assigning and licensing rights and Graphic designers. If a drawing represents the pattern, ornamentation or shape of a functional article (such as a chair), it may be registrable as a design under the Designs Act The client may be entitled to register the drawing as a design, but will generally need the designer’s consent to do so. Note that your copyright rights may be limited by the Designs Act.