First owner of copyright
Copyright Protection

The author of a copyright work is the first owner of copyright unless they are employed, in which case the employer is the first owner of copyright. A narrow exception applies to this general rule. The exception relies upon a term being implied into the contract of engagement with the consultant.

A term will only be implied that the person engaging the consultant is the first owner of copyright where it is reasonable, necessary, capable of clear expression, obvious, and not contrary to any express term of the consultancy agreement.

In most instances, a court will prefer to imply an exclusive licence rather than a term of contract that assigns ownership to the person engaging the consultant, as in most circumstances, an exclusive licence will achieve the same ends.