Commissioned works

When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing.

Even though the legal owner of copyright is the creator, it is possible that the commissioner may be considered by the courts to be the beneficial owner of copyright and therefore entitled to legal ownership.

This could be where you intend to stop others using or copying the work that has been commissioned for instance a logo designed to be used as your trade mark.

Whilst it might sometimes be possible for a commissioner to argue that he is the beneficial owner of copyright, it is wiser that copyright issues are dealt with as part of the contract so that everyone knows where they stand. In copyright law, it is possible to set out beforehand who will be the owner of copyright in a work yet to be created.

It is therefore sensible for an agreement about a commission to cover ownership of this future copyright if it is desired that you, rather than the creator, should be the owner.

The agreement must be in writing signed by or on behalf of the creator to be effective. Commissioning contracts can also cover who is licensed to use the copyright material to be created

If the commissioning contract does not deal with copyright, it may still be possible for you to use the copyright work that you commissioned without seeking permission, but only for the specific purpose that was understood by everyone at the time of the commission (an implied licence could be argued to exist.)
For any other uses, it will normally be necessary to ask the creator for permission.

Prior to 1 August 1989 though, the copyright in photographs, portraits and engravings (and only those types of work) which were created as a result of a commission were owned by the commissioner and NOT the creator.

Therefore at that time, if you commissioned someone to take photographs for you for instance of your wedding party, then you would be the owner of the copyright in those photographs.

The commission though must have been undertaken for money or money’s worth that is equivalent goods or services.