Yours or mine? – Determining copyright ownership in works created by employees

Employers generally believe that they own the copyright in all materials produced by their employees. However, this may not always be the case.

Pursuant to section 35(b) of the Copyright Act 1968 (Cth), an employer may own copyright in works created by an employee if the relevant 'works' were created by the employee "in pursuance of the terms of his or her employment under a contract of service..." The meaning of this phrase was recently considered in EdSonic Pty Ltd v. Cassidy [2010] FCS 1008.

In EdSonic Pty Ltd v Cassidy the respondent, Cassidy, developed education and training manuals which were subsequently published and sold by the applicant, EdSonic. The issue of copyright arose when the respondent notified the applicant that it was no longer permitted to use the materials the respondent had prepared.