Who Owns The Work?
- Josh Philpot
- Jul 28
- 3 min read
The Default Rule: The Creator Owns It
If you’re the person who created the work, you’re generally the copyright owner — unless there’s a legal agreement or a special situation that says otherwise.
📜 Legal Reference — Section 35(2) of the Copyright Act 1968 (Cth):
“The author of a literary, dramatic, musical or artistic work is the owner of any copyright
subsisting in the work by virtue of this Part.”
Collaborating With Others
If you create a work with someone else, you may be joint authors.
In that case, the copyright is shared, and any use of the work — like licensing it or selling prints — usually needs consent from all authors.
📜 Legal Reference — Section 10 & Section 80 of the Act:
A “work of joint authorship” means a work produced by two or more authors where the contribution of each is not separate from the others.
“References to whichever of joint authors died last” are used to determine how long copyright lasts (Section 80).
Example: Two musicians co-write a song. Both own the copyright together — and both must agree before it’s released or licensed.
Work Created in Employment
If you create something as part of your job, your employer usually owns the copyright — not you.
This applies when:
- You’re a salaried employee (not a contractor), and
- The work was made in the course of employment
📜 Legal Reference — Section 35(6) of the Act:
“Where a literary, dramatic, musical or artistic work is made by an author in pursuance of the terms of his or her employment... the employer is the owner of any copyright subsisting in the work.”
Example: A graphic designer working full-time for a studio creates a brochure — the studio owns the copyright.
Freelancers and Commissions
If someone hires you to make something, you (the creator) still own the copyright — unless the contract specifically says otherwise.
📜 Legal Reference — Section 35(5) of the Act:
“Subject to any agreement to the contrary, where a person commissions the taking of a photograph, the painting or drawing of a portrait, or the making of an engraving, and pays for it — that person is the owner of the copyright.”
So:
- If someone commissions a portrait or photograph, and pays for it — they own the copyright, unless agreed otherwise
- For other types of commissioned work, like album art, logos, or music — the creator owns it, unless the contract says the client does
Tip: Always put it in writing. Spell out who owns what in your agreements.
Cultural Considerations: Aboriginal Art
In Aboriginal communities, many stories and designs are passed down through families and cultural custodians — not just individuals. But under the Copyright Act, only individual creators are recognised.
That means:
- A traditional story painted by one artist = that artist owns the copyright
- The community rights or cultural protocols aren’t automatically protected under the Act
This is why Indigenous Cultural and Intellectual Property (ICIP) is so important. It respects communal ownership, sacred knowledge, and ongoing custodianship — even if it’s not part of current legislation.
Tip: Artists and organisations working with Aboriginal content should follow proper cultural protocols, even beyond the legal minimum.
What About AI-Generated Work?
As of now, under Australian law, only human creators can own copyright. Works generated solely by AI — with no human authorship — are not protected.
📜 Legal Reference — Section 32(1):
Copyright subsists in “original” works — meaning human authorship is essential.
Final Thought
Knowing who owns the work is vital for protecting your rights, getting paid fairly, and avoiding disputes. Whether you’re collaborating with others, working as a freelancer, or creating within a cultural framework, make sure you know where ownership sits — and put it in writing when in doubt.
Want to Read the Law Yourself?
You can access the full Copyright Act 1968 (Cth) here:
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