A recent decision of the Federal Court considers what
is required to be an author of a computer program.
The Facts
The applicant was a former employee of the respondent group of
companies (collectively the "Respondent"). He
claimed that he was a joint author and joint owner of a series of
related programs (the "Software") in the possession of
the Respondent. He sought a declaration that copyright
subsisted in the Software and that he and another individual were
joint authors and owners of it as well as other relief.
The applicant had signed a number of agreements relating to his
employment as well as a confidentiality agreement. However,
he took the position that his contribution as author of the
Software was outside his employment relationship with the
Respondent. In substance, the applicant said that he had
reached an agreement with the principal of the Respondent and that
as a result of his collaboration and development of the Software he
was to receive
