Copyright and other intellectual property rights are often crucial assets to a business and it can come as a nasty surprise when a business finds it does not actually own the asset.
The general rule with copyright is that the creator of the work owns it. Usually work produced by an employee in the course of employment belongs to the employer but if you pay someone else to produce work for you they will still own it unless otherwise agreed. You will have some implied rights to use it but the scope of those rights could be minimal.
The recent case of Slater v Wimmer concerned rights in film footage of a skydive over Mount Everest. Wimmer, the financier and adventurer making the dive and Slater the cameraman each wanted to exploit the film. Each claimed ownership of the rights. Wimmer said he had made clear that he would own the rights but there was no contract to this effect.
Rights in film are something of a special case because the default position is that copyright is owned jointly by the principal director and the producer, roles allocated by the court to Slater and Wimmer respectively. In the absence of agreement to the contrary, it found that both jointly owned the rights and that they were each guilty of infringing the other’s rights for use without permission.
Given the subject matter of the film, the outcome could probably have been far worse for Wimmer, but the lesson is clear - if you are involved in any matter involving copyright or any other intellectual property right, it is essential to take advice and to have a proper contract in place.
For more information about copyright law or other intellectual property matters, please contact our Corporate and Commercial team on the number above or fill in our online enquiry form.
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