World 1 · IP Explorer · Lesson 03

Who may own or control IP?

Author, owner, licensee and user are different roles — and contracts often decide who is which.

5 min
Jurisdictions: International / treaty, Australia, Vietnam
Last reviewed: 18 October 2026

Draft — awaiting editorial review

Educational content, not legal advice. Lessons are drafts awaiting editorial review.

You will learn to

Distinguish the creator from the owner.
Recognise the role of employment, commissioning and assignment.
Know when written proof of ownership is needed.

The creator is not always the owner

The person who creates a work or invention is the starting point, but ownership can sit with someone else. Many countries give works made by employees in the course of their job to the employer unless agreed otherwise. For commissioned work, the answer differs between countries: in Australia an independent contractor usually keeps copyright unless there is a written assignment; in Vietnam the party that assigns the task or contracts with the author is generally the owner of the economic rights (and the right to publish) unless the contract says otherwise. In Australia some commissioned photographs and portraits are an exception, and a court may imply a licence to use the work.

Moral rights and economic rights

Copyright combines economic rights (to copy, distribute and permit use) with moral rights (to be named, and not to have the work distorted). Economic rights can be transferred. Moral rights are treated differently: in Australia they cannot be transferred, but an author can consent in writing to acts that would otherwise infringe them; in Vietnam most moral rights cannot be transferred, except the right to publish the work.

Owner, licensee, user

An owner can assign the right (sell it) or license it (allow use while keeping it). A licensee has only what the licence grants — its scope, territory and term. Registered trademarks and patents name an owner on the register, but a register can lag behind the deals that have actually happened.

Try a scenario

A Melbourne startup pays a freelancer to write its booking software. There is no written contract — only a quote by email and a paid invoice.

An investor asks: "Does the company own the code?" What is the most honest answer?

Yes, because the company paid for it.Not yet certain — a written assignment from the freelancer is needed, and advice is worth getting.It does not matter, because software has no copyright.

Check your understanding

PracticePractice testSee the explanation after each question.

Pass mark: 80% — for this lesson that means every question.

Question 1 of 4What rights does a licensee have?

All of the owner's rights.The right to resell the IP asset.Only what the licence permits, within its stated scope, territory and term.

Take away

For each important asset, keep the paperwork that shows the chain of title: who created it, under which agreement, and to whom the rights passed.

Apply it to your IP

Nothing runs or is saved on its own. Each option only opens a tool when you choose it.

What this lesson cannot tell you

Ownership rules differ between countries and depend on each contract. This lesson does not replace a lawyer reviewing your agreements.