Introduction
This article aims to provide both employers and employees with a general understanding of intellectual property rights in a copyright work created in the course of employment.
Intellectual property rights are often considered far too late and usually after the commencement of some form of employment claim relating to a breach of contract/confidentiality. The result tends to leave a claimant scrambling to seek late specialist legal advice, increases the risk of having to make a last-minute amendment to pleadings (with or without the need to make an application to the court), obtaining evidence, and the possibility of having to fend off or make an application to transfer the claim to a specialist court with the jurisdiction to determine both intellectual property and related contractual matters.
The importance of ownership of a copyright work created in the course of employment predominantly lies in the ability to control and exploit the work for commercial gain. For an employer, ownership of copyright in works created by employees can be important for several reasons. It may enable the employer to control the use of the work, prevent unauthorised use or infringement, and licence the work to others for profit. For an employee, ownership of copyright in works created in the course of employment may be important in terms of recognition, compensation, and career advancement. If any employee retains ownership of copyright in their work, they would be able to use it...
A message claiming to offer free laptops to students has been widely circulated online. The message asks students to apply under the supposed ‘National Student Laptop Scheme 2026’, giving the impr...