SA Who Owns the Rights to Instagram Photos?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jo stein

Member
28 March 2019
1
0
1
If a hairdresser takes a photo of their work in the salon they are employed by, and posts it on their personal Instagram, who owns the photo? The salon requested they watermark the photo with the business name so they did.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,764
926
2,894
Depends - what does the employment contract say about IP created in the course of employment?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,766
710
2,894
Sydney
TLDR: Your boss owns copyright in art you create on work time.
Depends - what does the employment contract say about IP created in the course of employment?
Absent any specific terms to the contrary,
artistic work created on "work time" belongs to the employer.

In the case of bona fide employed hairdressers, that's certainly the case.

In the case of chair-hire hairdressers, i don't know that it's ever been tested in court.
That being said, chair hire is basically sham contracting, so I don't see it being any different.