National Copyright

1.7 Some exceptions to the general rule of copyright ownership

• Contract - the rights given under the Copyright Act may be varied by agreement (eg, the copyright owner may assign the copyright to someone else).
• Employment - copyright in works made by an employee in the course of employment under a contract of service is usually owned by the employer (eg, course materials produced by a teacher for use in the classroom will generally be owned by their employer - whether it be the state government or a private educational institution.)
• Commissions - copyright in photographs, portraits and engravings commissioned for a private or domestic purpose will be owned by the commissioning party, provided the agreement is in exchange for some valuable consideration.

[NB: prior to July 1998, where a photograph was commissioned, the client was the copyright owner of the photograph]
All other commissions do not affect the general rule - that is, that the author is the copyright owner.

• Co-authorship - copyright may be owned by several authors jointly. Joint owners cannot deal with their copyright without the consent of the other authors. In order to qualify as a joint author, a person must have done more than merely supplied ideas or suggestions.
• Crown copyright - where a work, sound recording, film, broadcast, etc is created under the 'direction' or 'control' of the Crown, or where it is first published by the Crown, the copyright will be owned by the Crown.
• Performer's Rights in Sound Recordings - unless otherwise agreed, a sound recording made of a performer's performance will be owned equally between the performer and the record company.

The Crown includes a wide range of government bodies, including government libraries and departments, but does not usually include independent statutory bodies like the Australian Broadcasting Corporation.

• 1. Copyright

• 1.1 What is it?
• 1.2 Some common misconceptions
• 1.3 What is protected?
• 1.4 What does it not protect?
• 1.5 Requirements for copyright protection
• 1.6 Who owns copyright?
• 1.7 Some exceptions to the general rule of copyright ownership
• 1.8 How long does it last?
• 1.9 How do I work out if something is still in copyright?
• 1.10 What rights are granted to the copyright owner?
• 1.11 Dealing with copyright
• 1.12 Collecting Societies
• 1.13 How is copyright infringed?
• 1.14 Defences and exceptions to infringement
• 1.15 Statutory Licence Schemes
• 1.16 Liability of schools and individuals for copyright infringement and remedies
• 1.17 Moral Rights
• 1.18 Performer's Rights
• 1.19 Indigenous Cultural and Intellectual Property Rights (ICIPR)

• 2. What can i copy / communicate?
• 3. Copying for Special Purposes
• 4. Copyright issues of interest to Schools
• 5. How to clear rights
• Frequently Asked Questions
• Appendices