Section 28 Copyright Act

Section 28 Copyright Act 2022 is about First ownership of copyright. It is under Part III (Ownership, Transfers and Licences) of the Act.

(1) Except as otherwise provided in an agreement, copyright conferred by this Act, shall initially vest in the author.

(2) Where a person in the absence of an agreement to the contrary, creates a work under a contract for services, or in the course of employment by a government, a ministry, department or agency of a government or a prescribed international or inter-governmental organisation, the copyright in
that work shall vest in that government, ministry, department, agency, prescribed international or inter-governmental organisation.

(3) Notwithstanding subsection (1) and subject to any agreement between the parties, where a person for private and domestic purposes, commissions the taking of a photograph or the painting or drawing of a
portrait or the making of an audiovisual work, the person who commissioned the work shall be —

(a) deemed to have a non-exclusive licence to exploit the commissioned work for non-commercial purposes ; and
(b) entitled to restrain the publication, exhibition, broadcasting, communication, distribution and making available of copies of the work to the public.