-- JonathanMo - 14 Sep 2015

Commissioned work

The copyright of a commissioned work ordinarily remains in the author of a 'commissioned' work or other subject matter, subject to any agreement made between the parties as to assignment or other dealing with copyright: there are limited exceptions for commissioned photographs, portraits and engravings [CA s.35(5)], and for commissioned sound recordings and films [CA s.97(3), 98(3)].

The exceptions are made if the commissioned work is a portrait, drawn or painted, or a photograph or engraving. The copyright in a work falling into any one of these categories is owned by its commissioner. The artist still retains their moral of integrity and a right of restraint - that is, the right to prevent the work being used for any other purpose than that for which it was originally commissioned [CA s.35(5)].

To avoid any problems, a commissioner and a creator should, as a first priority, negotiate a written agreement with regard to copyright ownership. The creator of the work should be satisfied that payment adequately compensates them for producing the work and to relinquishing rights over it.