Who owns copyright in work an employee creates?

Who owns a piece of creative work depends first on who made it and under what arrangement. For a buyer, this decides whether the business actually holds the copyright it appears to hold. This page covers federal law only.

The general rule

Subject to the Act, the author of a work is the first owner of the copyright in it. The employment rule is an exception to that starting point.

The employer rule

Where the author of a work was employed by another person under a contract of service or apprenticeship, and the work was made in the course of that employment, the employer is the first owner of the copyright. That holds in the absence of any agreement to the contrary. A written agreement that says otherwise can therefore change the result.

Newspapers, magazines and periodicals

For a contribution to a newspaper, magazine or periodical, the Act adds a reservation to the author. In the absence of any agreement to the contrary, the author is deemed to have a right to restrain publication of the work other than as part of a newspaper, magazine or similar periodical.

Moving ownership later

CIPO describes an assignment as the transfer of some or all of the owner’s rights to another party. CIPO also says it does not verify the claims in registration applications and cannot guarantee ownership or authorship of a work. So a registration alone does not settle who owns something.

What a buyer can do

• Ask which works the business relies on and who made them.
• Ask whether each creator was an employee under a contract of service, and whether any agreement says otherwise.
• Ask your lawyer to read the employment agreements and any assignments.