Guide · Intellectual Property
Intellectual property online: software, content, trade marks and domains
Who owns your code and content, how to protect your brand online, and the rules for .au domain names in Australia.
By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice
Key takeaways
- Copyright protects software, website content and designs automatically. There is no registration system in Australia.
- Employees generally create copyright for their employer, but contractors usually own what they create unless the rights are assigned in writing.
- A registered business name or domain name does not give you rights in a brand. A registered trade mark does.
- .au domain names require an Australian presence, and renewal scams targeting registrants are common.
Go deeper in this guide
Copyright in software and online content
Under the Copyright Act 1968 (Cth), computer programs are protected as literary works, alongside text, images, video, music and databases that involve sufficient human effort. Protection arises automatically when the work is created and generally lasts for the life of the author plus 70 years.
Australia has no general “fair use” exception. Copying content from another website, using images found online or reusing code without a licence can infringe copyright even if you credit the source. Open source code is licensed, not free of conditions: some licences require you to release your own source code if you distribute software that includes it.
Who owns the code: employees vs contractors
Ownership is one of the most common and costly IP problems for technology businesses.
- Employees: copyright in works made in the course of employment generally belongs to the employer.
- Contractors and agencies: the developer usually owns the copyright unless there is a written assignment. Paying an invoice does not transfer ownership, and a copyright assignment must be in writing and signed.
- Founders: code written before a company is formed may belong to individual founders until it is assigned to the company. Investors will check this in due diligence.
If you commission software, a website or design work, make sure the contract assigns IP to you, or at least grants a licence wide enough for how you will use it. For AI-generated material, see our AI law guide.
Trade marks and your brand online
A registered trade mark under the Trade Marks Act 1995 (Cth) gives you the exclusive right to use your brand for the goods and services it is registered for, across Australia. Registration is through IP Australia and lasts ten years, renewable indefinitely. Registering a business name with ASIC, a company name or a domain name does not give you those rights, and does not stop you infringing someone else’s trade mark.
Before launching a new brand, product name or app, search the trade marks register. Using a name similar to an existing registered mark for related goods or services can lead to a demand to rebrand.
.au domain names
The .au namespace is managed by auDA under its Licensing Rules. To hold a .au domain name, including .com.au and the shorter direct .au names available since 2022, you must have an Australian presence, such as being an Australian company or citizen, or holding an Australian registered trade mark that matches the name. A domain name is a licence, not property, and must be renewed.
Domain name scams
Registrants regularly receive official-looking emails or invoices warning that someone is about to register their name in another country or extension, or offering “renewal” through an unknown provider. These are usually scams designed to sell unnecessary registrations. Check renewals only through your existing registrar, and see our domain name scam warning.
Protecting your IP: checklist
- Put written IP assignment clauses in every developer, agency and contractor agreement.
- Assign founder-created IP into the company.
- Keep an inventory of open source components and their licences.
- Search and register key brand names as trade marks.
- Hold your domain names in the business’s name, with renewal reminders.
- Use licensed images and fonts only, and keep the licences.
Software or IP dispute?
Ownership disputes over code, websites and brands are best resolved early. ITLAW advises on IP, trade mark and software licensing matters.
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Not sure how this applies to you? Send a short question and an ITLAW lawyer will get back to you, usually within one business day.
Frequently asked questions
Do I need to register copyright in Australia?
No. Copyright protection is automatic in Australia once an original work is created. There is no copyright registration system.
Who owns software made by a contractor?
Usually the contractor, unless there is a written assignment of copyright to you. Payment alone does not transfer ownership.
Does a business name protect my brand?
No. Registering a business name, company name or domain name does not give exclusive rights to the brand. A registered trade mark does.
Can anyone register a .com.au domain?
No. You need an Australian presence, such as an Australian company, an Australian citizen or resident, or an Australian registered trade mark matching the domain name.
Further reading: IP Australia · auDA licensing rules
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