In Australia, paying for creative work does not automatically give you the copyright. As a general rule, the creator owns copyright unless an agreement says otherwise, and there are narrow exceptions. If you want to own the work, or at least be sure you can use it as you intend, the contract should say so in writing. This article is general information, not legal advice; for any significant commission, get advice from a lawyer who handles intellectual property.
The default position
Smartcopying, the national copyright guidance for Australian schools, states the starting point: the creator, such as a writer, artist or composer, generally owns copyright in a work. For commissioned work, it says photos, portraits and engravings commissioned for a private or domestic purpose belong to the person who commissioned them, while for other commissions the author or maker owns the copyright unless the contract provides otherwise. Work by an employee under a contract of service is usually owned by the employer (Smartcopying).
Arts Law Centre of Australia adds two points that matter for commercial commissions. First, even where the creator keeps copyright, a commissioner has an implied licence to use the work in the manner and for the purpose agreed at the time of commission. Second, commissioned sound recordings and films have their own maker rules, and the commissioner is generally the maker (Arts Law). Because the rules differ by type of work, a logo, a photograph, a film and a website each need a clear line in the contract rather than an assumption.
A freelancer engaged as a contractor is not an employee, so the employer rule does not usually help a business commissioning an outside creative. Whether someone is an employee or a contractor is itself a legal question, so check.
Assignment versus licence
| Assignment | Licence | |
|---|---|---|
| What happens | Copyright transfers to you | Creator keeps ownership and gives you permission to use |
| Form | Must be in writing and signed by or for the copyright owner | Exclusive licences must be in writing and signed; other licences can be implied or verbal |
| Control | You can use, adapt and license it onward | Limited to the licence terms |
| Cost | Often higher | Often lower, tied to scope |
| Good for | Logos, core brand assets, scripts you must control | Stock-like use, time-limited campaigns, shared assets |
Arts Law explains that an assignment is valid only if it is in writing and signed by or on behalf of the copyright owner, that an exclusive licence must also be written and signed, and that a written licence is advisable for clarity and evidence even where it is not strictly required.
Moral rights
Arts Law explains that creators in Australia have three moral rights: attribution, not being falsely attributed, and integrity (protection against derogatory treatment). They cannot be assigned, but creators can give consent to acts that might otherwise infringe them. Contracts commonly include moral rights consents covering things like cropping, translation or editing, and whether the creator must be credited. If you plan to adapt the work for new markets or formats, ask for consent that covers it.
Terms to settle before work starts
Use this as a checklist for a brief or contract:
- Ownership or licence. State plainly: assignment on payment, or a licence.
- Timing. If ownership passes, when? On final payment is common.
- Scope of any licence. Media, territories, duration, exclusivity, and whether sub-licensing or adaptation is allowed.
- Moral rights consents. Editing, cropping, translating, credit.
- Third-party material. Who supplies stock, fonts, music and talent, who pays the licence fees, and whether the licence passes on to you. Fonts and stock often cannot be transferred.
- Underlying files. Whether you receive working or source files, not just finished exports.
- Creator’s portfolio use. Whether the creator may show the work, and when.
- Warranty and indemnity. Confirmation the work is original and does not infringe others’ rights.
- AI-generated elements. Whether AI tools are used, which tools, and what rights and terms apply. Ownership of AI-assisted material is a developing area; see who owns AI-generated video and AI and intellectual property for businesses.
- Talent and releases. Rights for people appearing in photos or film are separate from copyright in the work.
- Cancellation. What happens if the project stops partway, and who owns unfinished work.
Practical advice
- Put ownership in the brief and quote stage, not after delivery. See how to write a creative brief.
- Do not rely on an email saying “you own it”. Use a signed document.
- Keep a record of which licences cover which assets so you can renew or replace them.
- If you also commission a website, contract terms matter in the same way. See website project contract essentials.
- When working across borders, copyright rules differ by country. See copyright across borders.
Limits
Australian copyright law is detailed, and special rules apply to certain works, dates, employees and government bodies. The sources here are general guidance from educational and arts organisations. Treat this as a map of questions to ask, then get advice on your contract.
Where Radiance Impact fits
Radiance Impact is a Brisbane-based creative technology studio combining creative production, AI, digital technology and marketing. If you are scoping a commission, the questions above are a useful starting point for the conversation. Learn more about Radiance Impact or contact us.
Sources
- Who owns copyright?, Smartcopying
- Copyright information sheet, Arts Law Centre of Australia
