(2) Where an employee makes, in the course of his or her employment, a literary, dramatic, musical, or artistic work, that person's employer is the first owner of any copyright in the work.

(3) Where-

(a) A person commissions, and pays or agrees to pay for, the taking of a photograph or the making of a computer program, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, or sound recording; and

(b) The work is made in pursuance of that commission,-

that person is the first owner of any copyright in the work.

(4) Subsections (2) and (3) of this section apply subject to any agreement to the contrary.

(5) Subsections (1) to (4) of this section apply subject to sections 26 and 28 of this Act.

Section 26: Crown Copyright

(1) Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,-

(a) The work qualifies for copyright notwithstanding section 17(1) of this Act; and

(b) The Crown is the first owner of any copyright in the work.

(2) Copyright in such a work is referred to in this Act as "Crown copyright", notwithstanding that such copyright is assigned to another person.

(3) Crown copyright shall expire,-

(a) In the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made:

(b) In the case of any other work, at the end of the period of 100 years from the end of the calendar year in which the work is made.

(4) In the case of a work of joint authorship where one or more, but not all, of the authors are persons employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services, this section applies only in relation to those authors and the copyright existing by virtue of their contribution to the work.

(5) Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to Crown copyright as to other copyright.

(6) Subsection (1) of this section applies subject to any agreement to the contrary.

(7) This section is subject to section 27 of this Act.

Section 28: Copyright Vesting in Certain International Organisations

(1) Where an original work (being a literary, dramatic, musical, or artistic work or a film) is made by an officer or employee of, or is published by, an international organisation to which this section applies,-

(a) The work qualifies for copyright notwithstanding section 17(1) of this Act; and

(b) The organisation is the first owner of any copyright in the work.

(2) The copyright of an international organisation under this section shall expire,-

(a) In the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph pursuant to subsection (5) of this section:

(b) In the case of any other work, at the end of the period of 50 years from the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph pursuant to subsection (5) of this section.

(3) Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to the copyright of an international organisation under this section.

(4) An international organisation to which this section applies shall be deemed to have, and to have had at all material times, the legal capacities of a body corporate for the purposes of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.

(5) The Governor-General may from time to time, by Order in Council,-

(a) Declare that any international organisation is an international organisation to which this section applies:

(b) For the purposes of complying with any international obligation of New Zealand, specify a period for the purposes of paragraph (a) or paragraph (b) of subsection (2) of this section.

Section 80: Back-up Copy of a Computer Program

(1) Subject to subsection (3) of this section, copyright in a computer program is not infringed by the making of a copy of the computer program if-

(a) The copy is made by or on behalf of the lawful user of the copy of the program (in this section referred to as the "original copy") from which the first-mentioned copy is made; and

(b) The copy is made solely for the purpose of being used by or on behalf of the lawful user of the original copy-

(i) Instead of the original copy in order to preserve the original copy for use if the copy is lost, destroyed, or rendered unusable; or

(ii) If the original copy is lost, destroyed, or rendered unusable.

(2) If the original copy is lost, destroyed, or rendered unusable, the copy made pursuant to subsection (1) of this section shall be deemed for the purposes of this section to be the original copy.

(3) Subsection (1) of this section does not apply to the making of a copy of a computer program-

(a) From an infringing copy of the computer program; or

(b) Contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy.

(4) For the purposes of this section,-

(a) A reference to a computer program includes a reference to an adaptation of that program; and

(b) A reference to a copy of a computer program is a reference to any object in which the program is reproduced in a material form; and

(c) A reference to an express direction, in relation to a copy of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.

Section 105: Right to Privacy of Certain Photographs and Films

(1) A person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright exists in the resulting work but is owned by some other person, the right-

(a) Not to have copies of the work issued to the public; and

(b) Not to have the work exhibited or shown in public; and

(2) Subject to subsection (3) of this section, the right conferred by subsection (1) of this section is infringed by a person who does an act of the kind described in paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) of this section.

(3) The right conferred by subsection (1) of this section is not infringed by an act that, under any of the following provisions of this Act, would not infringe copyright in the work:

(a) Section 41 (which relates to the incidental copying of a work in an artistic work, film, broadcast or cable programme):

(b) Section 59 (which relates to parliamentary and judicial proceedings):

(d) Section 66 (which relates to acts done under statutory authority):

(e) Section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).

(4) The right conferred by subsection (1) of this section is infringed by a person who does an act described in subsection (2) of this section or who authorises another person to do such an act.

B. The UK: Copyright, Designs and Patents Act 1988

Section 11: First Ownership of Copyright

(1) The author of a work is the first owner of any copyright in it, subject to the following provisions.

(2) Where a literary, dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary

(3) This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).

Section 85: Right to Privacy of Certain Photographs and Films

(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have-

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

(2) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work-

(a) section 31 (incidental inclusion of work in an artistic work, film, broadcast or cable programme);

(b) section 45 (parliamentary and judicial proceedings);

(d) section 50 (acts done under statutory authority);

(e) section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).

C. Australia: Copyright Act 1968 (Cth.)

Section 35: Ownership of Copyright in Original Works

(1) This section has effect subject to Parts VII and X.

(2) Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part.

(3) The operation of any of the next three succeeding subsections in relation to copyright in a particular work may be excluded or modified by agreement.

(4) If a literary, dramatic or artistic work:

(a) is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and

(b) is so made for the purpose of inclusion in a newspaper, magazine or similar periodical; the following paragraphs apply:

(i) reproduction of the work for the purpose of inclusion in a book; or

(ii) reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;

(d) except as provided by paragraph (c), the proprietor is the owner of the copyright.

(5) Subject to the last preceding subsection, where:

(a) a person makes, for valuable consideration, an agreement with another person for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; and

(b) the work is made in pursuance of the agreement;
first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.

(6) Where a literary, dramatic or artistic work to which neither of the last two preceding subsections applies, or a musical work, is made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this Part.

(7) In this section:
hard copy facsimile , in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device. Private or domestic purpose includes a portrait of family members, a wedding party or children.

Section 23: First Ownership of Copyright

(1) The author of a work shall be the first owner of the copyright unless-

(a) the work is made by an employee in the course of employment, in which case the employer is the first owner of any copyright in the work, subject to any agreement to the contrary,

(b) the work is the subject of Government or Oireachtas copyright,

(d) the copyright in the work is conferred on some other person by an enactment.

(2) Where a work, other than a computer program, is made by an author in the course of employment by the proprietor of a newspaper or periodical, the author may use the work for any purpose, other than for the purposes of making available that work to newspapers or periodicals, without infringing the copyright in the work.

Section 114: Right to Privacy in Photographs and Films

(1) Subject to the exceptions specified in subsection (3), a person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have the work or copies of the work made available to the public.

(2) Subject to subsection (3), the act of making available to the public, or authorising the making available to the public, of a work or copies of a work referred to in subsection (1) without the authority of the person who commissions the work infringes the right conferred by subsection (1).

(3) The right conferred by subsection (1) shall not be infringed by an act, which under section 52, 71, 72, 76 or 88 would not infringe the copyright in the work.

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Printed: 25/11/2009

Annex 2 - Text of Legislative Provisions

A. New Zealand: Copyright Act 1994

Section 21: First Ownership of Copyright