Case law teaches contractors a valuable lesson when dealing with
ownership of copyright. It is essential to deal with each
party's position, typically through a written copyright
licence, to avoid pitfalls further down the line. Courts are
unwilling to imply terms into contracts. It is therefore advisable
that all agreed terms are made explicit at the outset, because
otherwise you may be left vulnerable to uncertainty and potentially
harmful litigation.
Last year's case of Orvec International Limited
v Linfoots Limited [2014] EWHC 1970 (IPEC) is the
latest in a line of cases which highlight the dangers in this area.
It illustrates why, when one party commissions another to carry out
some work, it should be agreed that all present and future rights
in any work created by the contractor are assigned to the
commissioning party.
