Who owns copyright in works by volunteers

SCENARIOS OF VOLUNTEER COPYRIGHT OWNERSHIP

• A museum or archive volunteer creates an image or logo for a special exhibit or event. You use that logo on a variety of print materials and on your website. Can you modify the logo and incorporate it into one of your publications?

• A volunteer will make a brief video about your organisation. Could you post it on your blog? Will you be using it at your annual conference? Upload it to YouTube?
• A volunteer writes an article for the newsletter of your organisation. Is it possible to republish the article in a book? Should it be translated into another language? What if another organisation wants to post the article on their website?

VOLUNTEERS ARE NOT COVERED BY COPYRIGHT EMPLOYMENT PROVISIONS.

While the employer is the first owner of copyright in works created by employees while on the job, the situation is different for volunteers. Volunteer arrangements are generally exempt from employment provisions (which take into account all relevant facts underlying the employment relationship).

THE AGREEMENT'S TERMS

When people begin volunteering for your organisation, reaching an agreement with them provides clear guidelines and fosters better relationships. A simple agreement written in plain language is most likely the best option. If your organisation requires copyright ownership in works created by volunteers, the agreement should simply state this and outline the appropriate transfer/assignment of the rights.