first owner of copyright

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.

Usage: The software house and the consultant software developer were in dispute over the ownership of copyright, as the contract did not dictate who was to be the first owner of copyright.

Related Words: duration of copyright; database right; Copyright, Designs and Patents Act 1988 UK; intellectual property; fair dealing; intellectual property rights.

Useful Material:

1. Implied Terms in Commercial Contracts and Consultancy Agreements
2. Determining the Copyright Owner of Copyright Works