The Court of Appeal has confirmed the High Court's interpretation of an agreement between a software developer and a commissioning party under which copyright in computer programs was vested in the claimant company jointly owned by the parties. It upheld the deputy judge's findings that the software developer had initially contracted personally with the commissioning party, rather than through his company.
This decision is a reminder of the importance of setting out clearly at the outset of a relationship between a commissioner and contractor the position as to ownership of and dealings in the copyright work, and any related royalties or other remuneration.
In addition, it shows why it is important for a licence to be recorded in writing, since if it is not the licensee will be unable to bring proceedings for copyright infringement under the Copyright, Designs and Patents Act 1988.
