Who Owns Copyright in the Workplace? Employer–Employee Rights in Australia

Raymond Duffy
Jun 16
2 min read

In today’s knowledge-driven economy, employees often create original works — from marketing materials to software code, reports, and designs. But who owns the copyright in these creations: the employee or the employer? In Australia, the answer depends on the employment relationship, the nature of the work, and the Copyright Act 1968 (Cth). This blog breaks down the rules surrounding copyright ownership in employer–employee arrangements.

A focused professional analyzing complex designs on dual monitors in a bright, modern office setting.

What Is Copyright?

Written content (e.g., reports, articles, software code)
Artistic works (e.g., graphics, designs, photography)
Musical and dramatic works
Films and broadcasts

It arises automatically when a work is created and fixed in material form — no registration is required in Australia.

Default Rule: Employer Owns Copyright

Under section 35(6) of the Copyright Act 1968, if an employee creates copyrightable material in the course of their employment, the employer is the first owner of copyright — unless there's an agreement to the contrary.

For example:

A graphic designer employed by a marketing agency creates a company brochure.
A software developer writes code for their employer’s mobile app.
A copywriter drafts web content during work hours.

In all these cases, the employer would typically own the copyright.

What Does "In the Course of Employment" Mean?

This phrase is central to determining ownership. Courts will consider:

The employee’s job description or duties
Whether the work was done during work hours
Whether the employer provided resources or supervision
The intention of the parties (explicit or implied)

If an employee creates something unrelated to their job, even on work premises, the employer may not automatically own the copyright. For example, an accountant at a firm writes a novel at lunchtime — the employer has no claim to that work.

Contractors vs Employees

This rule mentioned above does not apply to independent contractors. A contractor typically retains copyright in their work unless there's a written agreement stating otherwise.

Employers should always ensure copyright assignment clauses are included in contractor agreements to avoid future disputes.

Moral Rights Still Apply

Even if the employer owns the copyright, the employee retains moral rights:

To be attributed as the author
To object to derogatory treatment of their work

These rights cannot be transferred but can be waived in writing.

Conclusion

In Australia, the general rule is that employers own copyright in works created by employees within the scope of their employment. But assumptions can be risky — the safest approach is to seek legal advice to protect your intellectual property and avoid disputes down the track.