The author of the work is normally recognised as the first owners of the copyright in the work. However, the ownership of copy right can be assigned from the initial owner to the other person. The copyright in the work can be assigned before the completion of the work. It is not mandatory that copyright must be assigned after the creation of the work. The initial owner must assign the copyright without any undue influence or coercion. The copyright may be in any type of work - a book, an e-book, computer programme, a screenplay, painting, document, article and so on. The owner of the copyright may sell, donate or permit the use of whole or part of their copyright. Owners of the copyright have the exclusive right to deal with their work. The ownership of copyright is automatic on the creation of the copyright work.
Is it mandatory to register the ownership of copyright?
In Australia, there is no system for the registration of the copyright. However, you can protect the copyright of the work by including copy right notice. The notice must provide the name of the author in the following format:
” © Net Lawman Ltd and Andrew R Taylor”
This notice will protect your work, and no one can claim the ownership of the work. This notice will recognise you the owners of f the copyright material.
Term of copyright
The term of the copyright varies for the work to work. It lasts for the life of the author plus seventy years.
How to assign the copyright?
You can transfer the copyright to anyone by assignment of copyright. Assignment must be in a written form. It is your exclusive right to transfer the right of copyright.
What is the status of the work created by the employees?
Usually, the copyright material created by the employee in the course their employment is owned by employer. Unless, there is written or verbal agreement that employee will own the copyright. You can negotiate this matter with the employer if you want to own the copyright.
Copyright material created by independent contractor
The contractor will own the right of copyright for the work created by him even you have paid him for creation of such work. You enjoy the ownership of the work but not right of copyright. You will have the implied licence to reproduce such work.
Certain commissioned work
For photographs commissioned, the photographer is the owner of the copyright except the photograph was a commissioned for:
- Private; or
- Domestic purpose.
Work made under the direction of State
Australian states own the copyright in the :
· the work was made by, or under the direction or control of, the Commonwealth Government, or a State or Territory government; or
· the work was first published by, or under the direction or control of, the Commonwealth Government, or a State or Territory government.
What must be included in the assignment of the copyright?
The document includes:
- Payment: how, how much and when
- Identification of the copyright work or creation
- Dispute resolution
- Succession and assignment
- Representations and warranties
- Appropriate legal provisions - warranties, exclusions, indemnities
It is the sole and exclusive right of the author to deal with work and assign to anyone. You can claim damages if someone have infringed the copyright.
About Net Lawman
Net Lawman provides best quality online legal documents, legal contracts and legal agreements for use in Australia.
For more information please visit www.netlawman.com.au or contact Rashid Ramay on firstname.lastname@example.org.
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