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Who Owns the Work? IP Clauses in Freelance Contracts, Photos, Video and Moral Rights (Australia, 2026)

Who owns freelance work in Australia: copyright defaults for writing, design, photos and video, assignment vs licence, moral rights and what to ask for.

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As a freelancer you usually own the copyright in what you create, unless you sign it away in writing. Under the Copyright Act the author owns the copyright in writing, designs and artwork, and a photographer owns business photos even when the client paid for them. Paid video and sound recordings are different: the client that commissions and pays for them owns them by default, unless the contract says otherwise. An assignment of copyright only works if it is in writing and signed by you, so the IP clause in your contract usually decides who owns the work.

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This guide is for freelance writers, designers, photographers, videographers and creators signing a client, agency or brand contract. It explains who owns the work by default, what an IP clause can change, and what to ask for before you sign. Law checked 9 November 2026.

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Who owns freelance work at a glance

Type of work Who owns the copyright by default (Copyright Act 1968)
Writing, design, illustration, artwork You, as the author (s 35(2)). The employer rule in s 35(6) applies only to employees
Brand, product or other business photos You, as the person who took them (ss 10, 35(2)). The client owns them only for a private or domestic purpose such as a wedding or family portrait (s 35(5), (7))
Video (a commissioned, paid film) The client that commissioned it for payment, “in the absence of any agreement to the contrary” (s 98(3))
Audio (a commissioned, paid sound recording) The client that commissioned it for payment, unless agreed otherwise (s 97(3))
Changing the default An assignment must be “in writing signed by or on behalf of the assignor” (s 196(3))
Moral rights Stay with you as an individual. They cannot be assigned (s 195AN(3)); you can only consent in writing

Who owns the work if the contract says nothing?

The starting point is the Copyright Act 1968. For a literary, dramatic, musical or artistic work, “the author … is the owner of any copyright subsisting in the work” (s 35(2)). Copy, articles, scripts, logos, illustrations, graphic design and other artwork you create are yours unless something changes that.

The main exception is employment: work made under “a contract of service” belongs to the employer (s 35(6)). A genuine freelance agreement is not a contract of service, so that rule does not hand your work to the client.

Photos: “we paid for the shoot, so we own the photos” is usually wrong

For a photograph, the author is “the person who took the photograph” (s 10). The only rule that gives a paying client ownership is for a photograph or portrait made for valuable consideration for a “private or domestic purpose” (s 35(5)), which “includes a portrait of family members, a wedding party or children” (s 35(7)). A brand, product, real estate or corporate shoot is not private or domestic, so the photographer owns the copyright unless they assign it in writing. That rule “can be excluded or modified by agreement” (s 35(3)), so a contract can still change it.

Video and audio: the paying client owns them by default

Film and sound recordings work the other way. Where a person makes, “for valuable consideration, an agreement with another person for the making of a cinematograph film”, that person owns the film copyright “in the absence of any agreement to the contrary” (s 98(3)). The same applies to a commissioned sound recording (s 97(3)). If you want to keep the video you are paid to make, the contract must say so.

Your separate works inside a video, such as a script, original music or artwork, are still covered by the author rule in s 35(2). The IP clause should say who owns those as well.

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Assignment or licence: what is the difference?

Almost every IP clause is one of two things.

  • An assignment transfers ownership of the copyright to the client. You then need the client’s permission to use the work yourself. An assignment “does not have effect unless it is in writing signed by or on behalf of the assignor” (s 196(3)).
  • A licence gives the client permission to use the work while you keep ownership. An exclusive licence must be “in writing, signed by or on behalf of the owner” (s 10). The Copyright Act sets no similar writing requirement for a non-exclusive licence.

An assignment does not have to be all or nothing. It can be limited to particular acts (for example, reproduction only), “to a place in or part of Australia”, or “to part of the period for which the copyright is to subsist” (s 196(2)). A licence can also be limited by media, territory and time. A licence binds anyone who later buys the copyright from you (s 196(4)), so the client’s permission survives a sale.

A licence often gives the client everything it needs while you keep your own work. Ask for one when an IP clause takes ownership without a reason.

IP clauses that take more than the job

Read the IP clause for each of these. They are the terms most likely to cost a freelancer later.

Future work and “everything created during the term”

Copyright in work not yet made can be assigned in advance. A signed agreement that “purports to assign the future copyright” vests it in the assignee when the work is created (s 197(1)). A clause assigning “all content created during the term” can catch work for other clients or your own projects, not just the deliverables. Ask for it to be limited to the deliverables named in the contract.

Your pre-existing material, templates and tools

Many clauses assign “all intellectual property in or relating to the services”. That can sweep in the templates, presets, workflows and know-how you bring to every job. Ask for a carve-out: you keep your pre-existing material and give the client a licence to use it in the deliverables.

Ownership before payment

Many clauses transfer ownership on creation or on delivery. The Copyright Act does not require ownership to pass only on payment; that is a negotiation point. Asking for the assignment or licence to take effect on payment in full gives you leverage if an invoice is not paid.

Your portfolio

If you assign the copyright, the client owns it. If you grant an exclusive licence, the contract may limit your own use too. In either case, ask for a written right to show the work in your portfolio, on your website and in pitches, subject to any confidentiality the client genuinely needs.

IP terms hidden in onboarding forms

IP terms do not only appear in the main contract. Supplier onboarding forms, purchase order terms, briefs and online terms you are asked to accept can contain an “all intellectual property belongs to us” clause. An assignment needs to be in writing and signed by you or on your behalf (s 196(3)), but whether a particular form or click meets that test depends on the facts, so read these terms before you accept them.

Moral rights: credit and respectful treatment

Moral rights are separate from copyright. “Only individuals have moral rights” (s 190), so you keep them personally even if you work through your own company. They include “the right to be identified … as the author” (s 193) and “the right not to have the work subjected to derogatory treatment” (s 195AI(2)).

  • They cannot be sold. A moral right “is not transmissible by assignment” (s 195AN(3)). A clause that “assigns” moral rights does not transfer them; what matters is consent.
  • Consent rules. For a film, or a work included in a film, written consent can cover “all or any acts or omissions” (s 195AW). For other works, such as photos, articles and designs, written consent has no effect unless it names specified acts or omissions, or classes of them, and the works or a description of them (s 195AWA(3)).
  • Pressure. Consent obtained by duress or by knowingly false or misleading statements has no effect (s 195AWB).
  • Reasonable treatment. There is no infringement of the integrity right where the treatment was “reasonable in all the circumstances” (s 195AS(1)).

A sensible moral rights clause limits consent to edits for length, format and platform, and says whether and how you will be credited.

Can a one-sided IP clause be challenged?

Possibly, depending on the contract and who you are. If you are a small business (fewer than 100 employees, or turnover under $10 million in the last income year) and the contract is the client’s standard form, the unfair contract terms law in the Australian Consumer Law applies. An unfair term in a standard form small business contract is void (s 23), and a business can contravene the law by proposing or relying on one. A term is unfair only if it causes a significant imbalance, is not reasonably necessary to protect the advantaged party’s legitimate interests, and would cause detriment (s 24). The business must prove a term is reasonably necessary (s 24(4)).

If you are an independent contractor earning less than the contractor high income threshold ($190,100 from 1 July 2026), and your services contract was entered into on or after 26 August 2024, the Fair Work Commission may also be able to set aside or vary unfair terms that would relate to workplace relations matters in an employment relationship (Fair Work Act ss 536NA-536ND). Whether an IP clause falls within either regime depends on the facts. It is easier to change the clause before you sign.

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What to ask for before you sign

  1. A licence for the uses the client needs, instead of an assignment, or an assignment limited to the final deliverables.
  2. Ownership or the licence to pass on payment in full.
  3. A carve-out for your pre-existing material, templates and tools, with a licence to the client to use them in the deliverables.
  4. A licence back to use the work in your portfolio.
  5. For video, a clear statement of who owns the footage, the edited film and the raw files.
  6. Moral rights consent limited to named kinds of edits, and a credit where it suits the work.
  7. Extra fees for wider use: paid advertising, longer terms or new territories.

What our review checks

Upload the contract, brief or terms and get a plain-English report, written for you as the freelancer, usually about 5 minutes after you pay. It:

  • says who owns each deliverable by default under the Copyright Act, by type of work
  • quotes the IP clause and says whether it is an assignment or a licence, and its scope
  • flags future-work, “during the term” and pre-existing material grabs
  • checks when ownership passes and whether payment comes first
  • checks moral rights consent against the Copyright Act formalities
  • checks usage, payment, kill fee, exclusivity and indemnity terms
  • lists the changes to ask for before you sign

The report explains what the contract says and what the law provides. It is not legal advice and does not tell you a clause is void or enforceable. You decide whether to sign.

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Questions people ask

Who owns the work, the freelancer or the client?

By default, the freelancer owns the copyright in writing, design, artwork and photos they create. A client that commissions and pays for a video or sound recording owns it by default. A signed written contract can change either default.

If a client pays me, do they own the copyright?

Not automatically, except for commissioned paid films and sound recordings, and private or domestic photos such as weddings. For other work, ownership moves only with an assignment in writing signed by you.

Do I own the photos from a brand shoot?

Yes, by default. The photographer owns business photos even when the business paid. The client owns the copyright only for a private or domestic purpose such as a wedding or family portrait, or if you sign a written assignment.

Who owns a video I was paid to make?

The client that commissioned and paid for it owns the film copyright, unless the contract says otherwise. Your separate script, music or artwork in it can still be yours. If you want to keep the video, the contract must say so.

What is the difference between assigning and licensing IP?

An assignment transfers ownership to the client. A licence gives the client permission to use the work while you keep ownership. An assignment and an exclusive licence must both be in writing and signed.

Can a client own work I haven’t made yet?

Yes. A signed agreement can assign future copyright, which passes to the client when the work is created. Check that the clause covers only the deliverables, not everything you make during the contract.

Can I use client work in my portfolio?

If you keep the copyright and have not given the client exclusive rights, generally yes, subject to confidentiality. If you assign the copyright or grant an exclusive licence, ask for a written right to use the work in your portfolio before you sign.

Can I waive or sell my moral rights?

You cannot assign them. You can give written consent to acts that would otherwise infringe them. For work other than film, consent has no effect unless it names the acts or kinds of acts and the works it covers.

Does an IP clause cover my templates and tools?

It can if it is worded broadly, for example “all intellectual property relating to the services”. Ask for a carve-out so you keep your pre-existing material and the client gets a licence to use it in the deliverables.

Can an unfair IP clause be void?

Possibly. If you are a small business and the contract is the client’s standard form, an unfair term is void under the Australian Consumer Law. Some independent contractors can also ask the Fair Work Commission to vary unfair terms. Whether a clause is unfair depends on the facts.

Is the freelance contract review legal advice?

No. It is a plain-English report that explains what your contract says, what the law provides and what to ask to change. Claim Done is not a law firm. For high-value IP, consider legal advice as well.

Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 9 November 2026. Who owns a particular work depends on the facts and the contract, and any dispute is for a court to decide.

Sources (checked 9 November 2026)

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