As a freelance writer, it is essential to have a solid understanding of how copyright works. For instance, if you are writing for a newspaper, magazine or blog, it may be unclear who owns your work's copyright. In any event, checking the contract terms before agreeing to write for a company is critical. This article will explain who owns the copyright to your work as a freelance writer and an employee.
Freelancers Own the Copyright in Their Works
In Australia, copyright is a free and automatic right that applies to all creative works, including literary or artistic works such as:
- books;
- paintings;
- photographs; and
- computer source code.
Additionally, copyright applies to much broader subject matters, such as:
- sound recordings;
- films; or
- broadcasts.
Therefore, you are the work owner if you create original work such as an article, report, script or interview. Enforcing copyright on your material allows you to stop third parties from using the protected material without your permission, including:
- publishing;
- modifying; or
- adapting your work.
In Australia, you do not need to formally register a copyright to enforce it.
If you are a freelance writer or independent journalist, you must check the terms of your contract carefully. The fine print of the terms will often contain details about who owns the copyright in the material you write and when and how the material may be used. Negotiating the terms you are offering to license or publishing your work with a publisher is also possible.
Determine if You Are a Freelance Writer or an Employee
While freelancers generally own the copyright in their writing, contracted employees do not. Instead, employers are likely to own the copyright in works created by an employee during their employment.
It may not always be clear if you are a freelancer or an employee. However, factors that indicate that a person is an employee include:
- a regular salary;
- PAYG deductions;
- superannuation contributions; and
- the employer provides equipment and resources to carry out the work.
If you are unsure about your status as a freelancer or employee, you should seek legal advice. A lawyer can help mitigate the use of the material you create and set the terms on which your publisher can reproduce and use your writing. A unique exception exists for journalists employed by a newspaper or publisher. While their employer owns the copyright in their articles as published, the journalist retains the copyright in their material for other specified purposes—for instance, the reproduction in a book.
Transferring Ownership of Copyright to the Publisher
As a freelance writer, a publisher may ask you to sign a contract transferring your copyright ownership. First, however, it is crucial to understand what rights you are transferring to the publisher. To transfer your copyright ownership to another, this transfer must be in writing, as per Australian copyright law. In addition, the transfer of rights must identify the new owner of the copyright and include their signature.
However, the publisher can still use your writing even if you do not sign a transfer. This is because Australian copyright law recognises ''implied rights'' in favour of a publisher or creative business engaging a freelancer. This right is an implied licence to use the works for the purpose they were commissioned. It is important to note that this right does not extend to other purposes the parties did not consider.
For example, consider a creative agency that hires a freelance food critic to review a new restaurant for the agency's website. The agency can publish the review on its website. However, the agency could not use the review in a published magazine if the freelancer did not previously agree to this.
The Author's Moral Rights
Australian copyright law grants moral rights to all authors, including freelancers and employees. So, the author will retain their moral rights even if they have licensed the work to a publisher. The three moral rights are the rights of:
- attribution;
- against false attribution; and
- integrity.
| Moral Right | Explanation |
| Attribution | The right to be identified and named as the author of the work. |
| Against false attribution | The right to stop others from being falsely credited for the work. |
| Integrity | The right to ensure the work is not subject to derogatory treatment that harms the author's reputation. |
Key Takeaways
As a freelance writer, you do not need to register or pay fees to gain copyright protection over your work. As the original author, you own the copyright. You can transfer ownership of your copyright with a written assignment or licence. However, you will still retain moral rights even if you do this. Therefore, it is essential to check the terms of your contracts with clients and publishers to understand how they will affect your rights.
