Controlling Copyright Created In The Workplace

Key Point

• Businesses that want to own copyright in original works created by independent contractors should actively monitor engagement documents to ensure there is an assignment of copyright.

Increasingly, businesses are using a variety of employment arrangements for flexibility. A recent decision of the Federal Magistrates Court (Centrestage Management Pty Ltd v Riedle [2007] FMCA 1147) serves as a timely reminder that where companies engage an individual who is in substance an independent contractor (even if described as an employee), the default position is that the individual owns the copyright in original works he or she creates pursuant to the engagement.