| Employees: | | | | that, the work was created "in course of [the |
| It is important first of all to ascertain whether the | | | | employee's] employment". |
| author is an employee as opposed to a consultant | | | | So, careful consideration must be given how this |
| or freelance. In this regard, two questions must | | | | is defined in the contract of employment, including |
| be clearly answered: | | | | part-time, working from home etc. |
| Is the author in fact an employee? And | | | | Consultants: |
| If so, was the work created in the course of | | | | As with all non-employees, consultants will, by |
| employment? | | | | default, own the copyright in the works they |
| An employee is defined as someone employed | | | | create during the consultancy. This applies even if |
| under a contract of service. The courts will | | | | they have been expressly commissioned to do |
| consider the contract as a whole, to see if it is | | | | the work. |
| strongly indicative of one form of relationship | | | | So, for example, freelance photographers, portrait |
| over another, taking into account factors such as: | | | | artists and consultant computer programmers will |
| the degree of control being exercised, | | | | all be the first owners of their works, in |
| the provision of tools or equipment, | | | | preference to the person paying for their |
| entitlement to holidays, | | | | services. If this is not desired, then an assignment |
| sick pay and | | | | of the copyright must be put in place and, in |
| the tax arrangements. | | | | event, the terms and scope of any licence should |
| Having established that, the creator is an | | | | be clearly defined. As an assignment of future |
| employee, in order to benefit from the statutory | | | | works, the best place to deal with it, is in the |
| ownership provisions, the employer must show | | | | letter or terms of engagement. |