Who Owns My Copyright When I'm a Freelancer?

Contact Monique from Connected Legal and Commercial

monique@connectedlegal.com.au or on 0439 767 445 for a free initial consultation.

It's a common question freelancers face - who owns the copyright to my work when I've been contracted by a company? In Australia, copyright is a free and automatic right that applies to all creative works. This means that as the creator of original work, you are the copyright owner.

However, it's important to note that copyright does not apply to ideas, only the expression of those ideas. This means that if you have an idea for a painting or song, you can't prevent someone else from expressing that same idea in their own work. Copyright only protects against the unauthorised use of your specific expression of an idea.

Why Copyright Matters for Freelancers

As a freelancer, it's important to be aware of your copyright protections because they allow you to control how your work is used. If someone uses your copyrighted material without your permission, they may be infringing on your copyright. This includes publishing, modifying, or adapting your work without your consent.

If someone infringes on your copyright, you may be able to take legal action against them and stop them from using your work without your permission. Additionally, you may be able to recover damages for any loss you've suffered as a result of the infringement.

When You Don't Own the Copyright to Your Work

There are some exceptions to the general rule that the creator of a work owns the copyright. For example, if you're an employee who creates copyrighted material as part of your job duties, your employer will typically own the copyright to that material. The same is true if you create copyrighted material under a contract that specifies that the person who commissioned the work will own the copyright.

Additionally, there are some types of copyrighted material where the copyright protection is limited. For example, fair use allows for limited use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship or research. However, fair use is determined on a case-by-case basis and can be complex. As such, it's best to get professional advice if you're unsure whether something qualifies as fair use.

As a freelancer in Australia, you automatically own the copyright to any original works you create - such as paintings, articles or computer source code. However, there are some exceptions to this rule. If you're an employee who creates copyrighted material as part of your job duties or if you create copyrighted material under a contract specifying that the person who commissioned the work will own the copyright - then your employer or commissioning party will typically own the copyright instead of you. Additionally, there are some types of copyrighted material where the copyright protection is limited - such as fair use cases which allow for limited use of copyrighted material for purposes such as criticism or commentary, but these cases are determined on a case-by-case basis.

Ultimately, if you're ever unsure about who owns the copyright to your work - it's best to seek professional advice before moving forward. Contact Monique at monique@connectedlegal.com.au or on 0439 767 445 for a free initial consultation.