Copyright for Collaborations and Co-Creation

Josh Philpot
Sep 29
2 min read

What Is a “Joint Work”?

Under the Copyright Act 1968 (Cth), a joint work is one where:

- Two or more creators collaborate to produce a single work, and

- The contributions are not separable

📜 Legal Reference — Section 10(1) of the Copyright Act 1968 (Cth):

“A work of joint authorship is a work produced by the collaboration of two or more authors, in which the contribution of each author is not distinct.”

Example:

- Two people co-write lyrics and music = joint musical work

- A writer and illustrator create a comic = separate literary and artistic works (not joint)

Who Owns a Joint Work?

In a joint work:

- All creators own the copyright jointly, unless agreed otherwise

- Each person can use the work, but may need consent from others for certain uses (like licensing, commercialisation, or adaptation)

To avoid disputes, you should always:

- Have a written agreement on ownership, revenue split, and use rights

- Clarify whether it’s equal ownership or based on contribution

- Decide what happens if someone leaves the project

What About Commissioned Work?

If you hire someone to create something (e.g. a logo, song, or video), they usually own the copyright — unless the contract says otherwise.

This is a common misconception:

- Paying for work does not automatically mean you own the copyright

📜 Legal Reference — Section 35(2) of the Copyright Act 1968 (Cth):

“The author of a commissioned artistic work is the first owner of copyright, unless there is an agreement to the contrary.”

If you want to own the copyright:

- Include a copyright assignment clause in your contract

- Be clear whether the creator keeps any rights (e.g. moral rights, portfolio use)

Collaborations with More Than Two People

In larger projects (bands, video teams, startups, workshops):

- Use collaboration or contributor agreements that define who owns what

- Decide in advance how to handle:

- Edits or changes to the work

- Revenue sharing or royalties

- Credit and attribution

- Termination or future use

The more people involved, the more important it is to put things in writing.

Special Note on Music and Bands

In music:

- The composer(s) own the musical work

- The lyricist(s) own the literary work

- The recording may be separately owned by the performer or label

- The arrangement or remix may have its own copyright

A band can split ownership evenly — or divide it based on who wrote what. Publishing agreements can help clarify this.

Moral Rights Still Apply

Even if copyright is transferred or shared, each creator still has moral rights, including:

- The right to be credited

- The right to object to derogatory treatment of their work

📜 Legal Reference — Part IX of the Copyright Act 1968 (Cth)

These rights are personal and cannot be sold — only waived in writing.

Final Thought

Creating together is powerful — but also legally delicate. Talk early, write things down, and respect each contributor’s voice. Clear copyright arrangements upfront save conflict later — and let everyone celebrate the success of the work, together.