If I create something at work, who owns the copyright – me or my employer?

In Plain English

Generally, if you create something at work as part of your job, your employer owns the copyright, according to the Copyright Act 1968. However, this can be changed by a written agreement between you and your employer. If you work for a newspaper, magazine, or similar publication and create something to be included in it, you own the copyright for reproducing it in a book or as a hard copy, but the publication owns the copyright for other uses.

Detailed Explanation

Section 35 of the Copyright Act 1968 addresses the ownership of copyright in original works created by an employee.

• General Rule: Subsection 35(6) states that if a literary, dramatic, artistic, or musical work is created by an employee as part of their employment under a contract of service or apprenticeship, the employer owns the copyright.
• Exception for Newspaper/Magazine Employees: Subsection 35(4) provides an exception if the work is created by an employee of a newspaper, magazine, or similar periodical for the purpose of inclusion in that publication. In this case:
  • The employee (author) owns the copyright for reproducing the work in a book or as a hard copy facsimile (excluding reproduction by the proprietor for publication purposes).
  • The proprietor (employer) owns the copyright for all other uses.
• Agreement to the Contrary: Subsection 35(3) allows the employer and employee to alter these default rules by agreement. The operation of subsections 35(4), 35(5), and 35(6) can be excluded or modified by agreement.