Independent Contractors and IP

Information for independent contractors

Without a written contract that attributes ownership of IP to your hirer, you will automatically own the IP. If your hirer wishes to own the IP, this must be specifically outlined in the contract. You may wish to seek legal advice about clauses relating to IP before signing the contract.

Information for hirers

If you do not have a written agreement giving you ownership of any IP generated, the independent contractor will own any IP they create and will legally be able to disclose and re-use the IP. If you wish to control the IP generated, you will need to create a legal agreement that transfers the ownership or restricts the use of any IP created by the independent contractor.

What to do...

  • Read about Assignment and licensing of IP rights on IP Australia's website.
  • Consult an IP professional or legal practitioner for advice and assistance.
  • Visit the IP Australia website for more information on IP and taxes.
  • Read our Taxation topic for more information on taxes and your taxation obligations.

Thanks for your feedback. If you have any ideas on how we can improve, we'd love to hear them.

Please provide your comments in the feedback form.

You might also be interested in