Copyright ownership is often a thorny issue to determine especially where there is no agreement in place prior to creation.

We have covered this issue before, see here. However, given the prevalence of ownership disputes it is worth reiterating the rules on ownership in a more accessible quick access format.

The best practice remains to have a clear and direct discussion about ownership, followed by a written contract prior to beginning the creative process. However, this is easier said than done when the flow of the creative feelings is not necessarily controllable at the drop of a hat. As such, many creators find themselves in sticky situations concerning ownership of copyright works whether jointly created or not.

It must also be noted that the rules on copyright ownership are territorial, meaning that they vary from jurisdiction to jurisdiction based on the domestic law. Furthermore, it is also worth noting that the doctrine of ‘work for hire’, an American copyright concept, does not apply in Trinidad and Tobago nor the Commonwealth Caribbean. While it can be effected via contract, mere reference to the doctrine is inapplicable given that there is no law on ‘work for hire’ in Trinidad and Tobago.

Under the Copyright Act of Trinidad and Tobago, the rules on ownership of copyright are clear. The below table sets out the various scenarios that create common ownership disputes:

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