Copyright Basics for Creators and Agencies

Copyright arises automatically the moment an original work is created. Registration is not required for protection — but it is powerful evidence, and it is what you will wish you had in a dispute.

Who owns it by default

Work created by an employee in the course of employment generally belongs to the employer. Work commissioned from an independent contractor generally belongs to the contractor, not the person who paid for it, unless the contract assigns it. That single distinction is behind a great many agency disputes.

Assignment versus licence

An assignment transfers ownership. A licence permits use while ownership stays put. Clients frequently believe they bought the first and were actually given the second. Say which one you mean, in writing, with the scope, territory and duration spelled out.

Practical steps

• Put an IP assignment clause in every employment and freelance contract
• Keep dated drafts and working files — they establish authorship
• Register works that carry commercial weight
• For software, keep the repository history; it is contemporaneous proof

If ownership of existing work is unclear, it can usually be fixed by a confirmatory assignment while relations are still good. It cannot be fixed afterwards.