-- JonathanMo - 14 Sep 2015

Employee authors

The normal rule expressed in section 35(6) of the CA is that the copyright in works created by employee authors in the course of their employment remains with their employer. There are therefore two questions that need to be first answered: first, is an author employed pursuant to a 'contract of service' as distinct from the independent 'contract for services'; and second, is the work in question made pursuant to the terms of their employment? This question is especially relevant where the work is prepared with little or no 'direction' from the alleged employer. In the case of an independent contractor, the copyright would rest with the contractor. See Oceanroutes (Australia) Pty Ltd v M C Lamond [1984] AIPC 90-134; Redrock Holdings Pty Ltd v Hinkley [2001] VSC 91; (2001) 50 IPR 565.