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Who owns copyright in material that was funded by a government department?
15.6.2008
Generally, the issue of copyright ownership should be addressed in the funding agreement.
If there is no specific statement on this point in the agreement between the government and the creator, the answer depends on whether the provision of funding amounts to the government “directing or controlling” the creation of the material. This, in turn, depends on how the funding is provided. One-off grants to incorporated bodies or communities to assist with things such as the setting up of exhibitions and the showing of films, or grants which are part of ongoing support for an organisation's general purposes, are unlikely to constitute control or direction. Where the funding is project-specific, with a greater degree of departmental involvement in the design of the project and its administration, and where further funding depends on satisfactory progress of the project, the government is more likely to own copyright.