First owner of copyright

The general rule under the Act is that the first owner of copyright is the creator of the work, or the person responsible for making the sound recording, film, broadcast or published edition. There are, however, important exceptions to this general rule set out in the Act:

• Employees. Where a work is made by an employee (rather than a freelancer) as part of that person’s job, the employer usually owns copyright. For people employed on staff who are creating material for newspapers, magazines and other periodicals, the employer will own most of the copyright, but the employee will usually own copyright for some purposes (photocopying and publication in books).
• Freelance photographers, engravers and people doing portraits. Freelance creators usually own copyright in what they create. Someone who pays for work to be created will generally not own copyright, but will be able to use it for the purposes for which it was commissioned. However, there are a number of situations where someone who commissions another person to create material for them will own copyright under the rules set out in the Copyright Act. This is the case in relation to commissioned portraits and engravings, and is sometimes the case for photographs.
• Films and sound recordings. The first owner of copyright in a film is usually the producer or the person who paid for it to be made. The first owner of copyright in a sound recording is usually the person who paid for the recording to be made. However, in some cases, performers recorded on sound recordings own a share of the copyright in those sound recordings.
• A State, Territory or Federal Government will usually own copyright in material created, or first published by it or under its direction or control.

Any of the rules in the Copyright Act about who will own copyright can be altered by agreement.

Subsequent owners of copyright

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