4 Does the work involve substantial contributions from a few key individuals, rather than many individuals making numerous contributions? 5 Is the extent of creative contribution by the employee high? 6 Is the employee responsible for the inspiration behind the work and the creative effort in bringing it into existence? Agencies must always seek legal advice before obtaining moral rights consents from employees, unless this is their standard practice. The consents may either be in relation to specified works or classes of works, and for specified acts or omissions that would otherwise amount to a breach of moral rights, or a general consent with respect to all works produced in the course of employment. A general moral rights consent template is provided in Attachment 4. When to seek moral rights consent from contractors Agencies may require contractors to obtain moral rights consents from creators employed by them where they intend not to attribute the contractor as the author of a work some or all of these factors apply: # Factor Yes/No 1 Does the agency require the option of making alterations to the work? 2 Is the work to be published, rather than used for internal purposes? 3 Does the work involve significant original work and creative contribution? (For example, a consent would be essential for a commissioned literary work). 4 Is the practice in the industry in which the contractor operates to name individuals as authors of their work? 5 Does the work contain opinion or original thought? 6 Does the work involve culturally sensitive material? 7 Is the creator recognised as an expert or leader, such as a key academic? 8 Does the work involve substantial contributions from a few key individuals, rather than many individuals making numerous and imprecise contributions? 9 Does the contract involve copyright material such as commissioning agreements, research agreements, consulting agreements, licence agreements, or a contract for the development or procurement of works, especially artistic works, musical works or films? The consent must be in relation to specified works or classes of works, and for specified acts or omissions that would otherwise amount to a breach of moral rights. Template procurement contracts may include a moral rights consent form.
4 Does the work involve substantial contributions from a few key individuals, rather than many individuals making numerous contributions? 5 Is the extent of creative contribution by the employee high? 6 Is the employee responsible for the inspiration behind the work and the creative effort in bringing it into existence? Agencies must always seek legal advice before obtaining moral rights consents from employees, unless this is their standard practice. The consents may either be in relation to specified works or classes of works, and for specified acts or omissions that would otherwise amount to a breach of moral rights, or a general consent with respect to all works produced in the course of employment. A general moral rights consent template is provided in Attachment 4. When to seek moral rights consent from contractors Agencies may require contractors to obtain moral rights consents from creators employed by them where they intend not to attribute the contractor as the author of a work some or all of these factors apply: # Factor Yes/No 1 Does the agency require the option of making alterations to the work? 2 Is the work to be published, rather than used for internal purposes? 3 Does the work involve significant original work and creative contribution? (For example, a consent would be essential for a commissioned literary work). 4 Is the practice in the industry in which the contractor operates to name individuals as authors of their work? 5 Does the work contain opinion or original thought? 6 Does the work involve culturally sensitive material? 7 Is the creator recognised as an expert or leader, such as a key academic? 8 Does the work involve substantial contributions from a few key individuals, rather than many individuals making numerous and imprecise contributions? 9 Does the contract involve copyright material such as commissioning agreements, research agreements, consulting agreements, licence agreements, or a contract for the development or procurement of works, especially artistic works, musical works or films? The consent must be in relation to specified works or classes of works, and for specified acts or omissions that would otherwise amount to a breach of moral rights. Template procurement contracts may include a moral rights consent form.
Intellectual-Property-Guidelines-for-the-Victorian-Public-Sector-Version-1-Jan-2017.docx