Creating new material can bring along allsorts of issues with copyright. However when looking at the rules and suggestions for such copyright ownership it is obvious the problem prevention process can be quite simple.
A web designer has the options of using “ready-made” material for their designs, however it some instances it may be preferable or more apporpriate to use freshly created material.
When creating freshly made material, either the website designer will create it themselves, have an employee create the material or they may even use a contractor or freeelancer.
When they create the new material themselves or have an employee to do the creating, generally under law the copyright belongs to the designer.
When commissioning a contractor or freelancer to create some material, generally under law the copyright belongs to the contractor/freelancer.
The only way to change this is by agreement between the parties. I find it needless to say, but for the sake of calrification, this agreement is alway better in writing and possibly even better if this agreement is written by a lawyer.
An agreement with an employee may be a blanket agreement built into their employment terms, however a separate agreement for each works may also be appropriate.
If engaging a contractor or freelancer, an agreement should always be signed, if for no other reason than just to detail the works required, and if one is being signed why not add a copyright ownership clause (even if this just clarifies that the contractor/freelancer retains copyright).
An agreement should include the following clauses, at a minimum:
Description of Material
A detailed description should be included…with as much detail as possible.
Time Frames
A time line should be included to cover the final delivery date and any other “progress dates” that may be appropriate.
Rejection of Work
This clause should cover all areas of what should happen if work is rejected….any payment that should be made, reasons allowed for rejection of work and also who will retain copyright if work is rejected (this copyright part should be separate from the overall copyright ownership clause).
Obligation to amend
You may from time to time want the work to be amended or added to….this clause should cover any obligations on the creator to complete amendments or additions.
Ownership of Copyright
This clause is quite obvious…..but it can be as detailed as you like…if the creator retains copyright they may allow the website designer full and unrestricted usage of the material for that given project or in fact any other project.
Ownership of storage media
This clause details who owns the media upon which the material is stored. For example a photographic neagtive…you may own the copyright on the actual photo on the negative, but the negative may still belong to the photographer. This clause should be as detailed as possible in order to avoid any confusion. If the ownership of storage media is transferred to the website designer (now the copyright holder) thought this clause then a date for physical delivery of the storage media needs to be detailed.
Again this is prevention method can be quite simple and if it is detailed and clear enough these agreements can quite quickly decide any issues which may arise.
The majority of information for this post was obtained from “Website and Copyright” a book first published in 2002 by the Australian Copyright Council and reprinted in 2006.
Please see the following websites for more information:
Australian Copyright Council
Australian Copyright Act 1968
Amanda
