[Linux-aus] Australian copyright law on computer programs and FLOSS licensing?

[Paul Gear]

On 01/08/11 04:15, Ben McGinnes wrote:
> ...
>> As examples of the type of detail I am looking for:
>>
>> - in the absence of particular language in a contract, who holds the
>> copyright to the software developed by an outside contractor, the
>> client or the contractor?
> A contractor or consultant retains the copyright.
>
>> - in the absence of particular language in a contract, who holds the
>> copyright to the software developed by a developer on payroll with
>> full time employment?
> This gets a little complex.  If the employee develops software during
> the course of their job then the copyright belongs to the company.  If
> the employee develops software on their own time, with their own
> resources then they may retain copyright (although some employers have
> been known to try to claim it, at which point there's usually a fight).

Hi Ben,

Has this situation changed in recent years?  Last i looked into this, if
one party commissioned the creation of software (or other copyrightable
material) by another party, the copyright rested by default with the
party which commissioned the material's creation, not the party
responsible for the actual work of creation.

Similarly, when i investigated the situation of employees producing
software, the answer i found was that by default the copyright resided
with the employer, even if the employee used his or her own time and
resources.  I asked a couple of previous employers to sign a specific
waiver because of this.

IANAL also, but i'm curious to know whether my present understanding is
out-of-date.

Regards,
Paul

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