Associations and institutions are welcome to apply to become members of the ALCC.
Determining who owns copyright is an important part of the copyright system.
Who is the owner of copyright depends if the material is a work or other subject-matter.
The first copyright owner of most literary, dramatic, musical and artistic works will be the author. For photographs, ‘the person who took the photograph’ is the author.
Similarly, it will be the maker who is the first copyright owner for most subject-matter other than works.
However, there are exceptions to these general rules. For example, the owner of copyright may be different where there are multiple creators, where the material was created as part of employment or under a contract, or where it was first published by the Crown.
Where materials are created together by more than one author, they will co-own the copyright as joint authors. You need the permission of all joint authors to make use of the material. They even need each others’ permission before they can use it.
If work are just placed next to each other (e.g. multiple poems in an anthology) they do not become joint works. Each creator separately owns the copyright in each poem.
Another exception is that material created by employees as part of their employment is generally the copyright of the employer. Whether something is created as part of your employment will depend on all the facts, such as whether you were directed to make it by your employer, whether you worked on it during your working hours, and whether you used your employer’s equipment.
In relation to contracting the creation of works or other subject-matter, who owns the copyright will depend on the contract. For photographs, portraits, engravings, sound recordings and cinematographic films there is a specific rule that say the person who commissioned or contracted the creation of the material owns the copyright. In other circumstances, look to the terms of the contract to determine if rights in the material created fall to the author or the contracting party.
Finally, in situations where material was first published by the Crown the Crown is the copyright owners of that material.