Copyright Ownership and Employment

The recent Federal Court decision in Edsonic v Cassidy [2010] FCA 1008 (17 September 2010) shows how ownership of copyright and employer/ employee rights with respect to ownership of copyright in work done during employment continues to generate disputes.

An article by Cameron Stewart of SWAAB Attorneys recently posted to Mondaq provides a discussion of the Edsonic Cases which as the article states: "highlights the need for employers to ensure that as well as clearly setting out the duties of employment, employment contracts also include a comprehensive assignment of all intellectual property rights, if the employer is to be assured that all rights in the intellectual property in materials created by employees are owned by the employer."

In the Edsonic case key issues were whether author of the works involved was an employee and whether the work in question was made during period of employment "in pursuance of the terms of... employment".

Have you encountered this type of issue? Are you aware of similar cases?

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