Beware: Assigning Copyright and Losing Control of Your Work

Beware: Assigning Copyright and Losing Control of Your Work

Sometimes, in the rush to “get the deal done”, creatives are casually asked, “Can you just assign the copyright to us?” It looks like a harmless line in a contract. However, but for the person who actually made the work, that single clause can decide who controls the work, who gets paid, and whether they can ever use themselves.

This article is for writers, ghostwriters, editors, illustrators, designers, photographers, videographers, brand strategists and other creative professionals who are often asked to sign away copyright as a condition of getting the job.

It is also highly relevant for agencies, publishers, production companies and businesses that regularly commission creative work and need to understand what they are really asking for when they request a full copyright assignment.

We are not always as rational as we think we are and when it comes to contracts, both sides can easily underestimate the long‑term consequences of a quick signature.

That is especially true where the asset in question is invisible but powerful- we are talking about copyright.

Copyright is a form of property

Under Australian law, copyright is a form of property – an asset – created automatically when an original work is produced, such as a manuscript, painting, photograph, logo, website copy or design. It does not need to be registered in Australia; protection arises once the work is created in material form, assuming basic originality and other legal requirements are met.

An “assignment” of copyright is a legal transfer of that asset from one person to another, usually documented in writing and signed. Once assigned, the new owner can exercise the economic rights in the work – such as reproducing, publishing, licensing, adapting or selling it – often without any further involvement of the original creator, unless the contract says otherwise.

What does this mean?

In practice, that means:

• A photographer’s portfolio, an author’s manuscript or a designer’s logo is not just “content”; it is a legal asset that can generate income over many years.
• Once that asset is assigned, the creator no longer owns it (subject to any specific carve‑outs or licences) and may have limited legal rights to use it at all.
• You can create the work but not use it

Creatives discover sometimes by surprise that, after assigning copyright:

1. They may not be able to reproduce or show the work in their own portfolio without the new owner’s permission.
2. They may be unable to repurpose text, images or concepts they developed, even if they wrote every word or painted every brushstroke.

This means that a ghostwriter may not be allowed to publish excerpts, share drafts in writing workshops, or use sample chapters in a portfolio.

Or an illustrator who assigns all rights in a series of images might be prevented from selling prints, using those images on social media, or exhibiting them as part of a retrospective, unless the client’s contract grants that permission.

This can feel deeply counter‑intuitive because the creator did the work, but the law looks at who owns the rights, not who held the pen or brush and that’s why we felt we had to write about here.

Assignment vs licence: very different outcomes

Now the reality is that many clients “just want to use” the work for particular purposes, such as publishing a book or using artwork on packaging. In those cases, a licence – not an assignment – may achieve the commercial goal while allowing the creator to retain ownership.

Key differences:

• Assignment: Ownership of copyright transfers. The client becomes the legal owner and can often exploit the work in new ways, subject to any contractual limits.
• Licence: The creator keeps ownership but grants the client permission to use the work for defined purposes (for example, in Australia only, for five years, in a specific campaign or product line).

For creatives, negotiating a licence instead of a full assignment can preserve the ability to:

• Reuse elements in future projects.
• Showcase work in portfolios, showreels and on websites.
• Negotiate further fees for new uses or new territories.

Copyright, contracts and getting paid

Assigning copyright is often tied to payment terms. Typical patterns include:

• A one‑off fee in exchange for full assignment of copyright.
• A lower upfront fee but ongoing royalties, profit share or usage‑based payments.
• A “no upfront payment” model where the creator assigns copyright and is only paid if the project generates income down the track.

For creatives, it is important to stop and ask a few key questions before agreeing to assign copyright: is there any guaranteed payment, or is everything “success‑based” and dependent on future sales.

You will also want to know who has the final say over publication, marketing and monetisation decisions; and are there clear limits on the expenses or other costs that must be recouped before you see any share at all.

Because these issues are nuanced and small changes in wording can make a big difference, this is usually the point where it is safest to involve a lawyer who understands copyright and creative contracts, so you do not accidentally sign away a valuable asset for little or no real return.

Moral rights and credit

Even when copyright is assigned, Australian creators retain “moral rights” in many situations. Moral rights include:

• The right to be attributed (named) as the creator.
• The right against false attribution.
• The right of integrity of authorship (not having the work subjected to derogatory treatment in a way that harms the creator’s honour or reputation).

Contracts sometimes ask creators to consent to certain uses that might otherwise affect their moral rights, or to a more flexible approach to how (or whether) they are credited, so it is important to read these clauses carefully and understand how they sit alongside any copyright assignment. For example, a photographer might assign copyright in a campaign shoot and also agree that the client can crop or combine the images and omit the photographer’s name.

That means that the client can legally make changes and use the work without always giving visible credit. But you might not want that?

Portfolio use: do not assume you have it

For many writers, illustrators, photographers and designers, portfolio use is essential for attracting new work. However, whether you can show a client work in your portfolio is a contractual question, not an automatic right.

Final words – you might never get it back!

“Copyright is the right to control the use of your own creation – once you give that away, you may never get it back.

Whenever a contract asks you to assign or give up that right, it is safest to speak to a lawyer first so you fully understand what you are signing and how it affects your future.

FAQs about assigning copyright in Australia

1. Do I need to register copyright in Australia?
No. Copyright arises automatically when eligible works are created in material form. There is no official registration system for most works in Australia.

2. If I write or design something under contract, do I still own it?
Not necessarily. It depends on the contract and, in some cases, on whether you are an employee or an independent contractor.

3. Can I assign copyright but still use the work in my portfolio?
Only if the contract permits it or the new owner gives written permission. Portfolio rights should be negotiated up front.

4. Can I change my mind after assigning copyright?
Generally, no but there some exceptions.

5. Is a licence always better than an assignment?
Not always, but a licence often gives creators more long‑term control.

How Sharon Givoni Consulting can help

Sharon Givoni Consulting regularly assists creatives, agencies and businesses Australia‑wide with:

• Drafting and reviewing copyright and ghost-writing agreements so rights, payments and portfolio use are clearly and fairly addressed.
• Structuring licences, assignments and collaboration deals for authors, designers, photographers, illustrators and other creative professionals.
• Resolving disputes about ownership, use of creative work, and alleged infringement, including negotiation and, where needed, litigation support.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.