As reported in September, the Gallagher brothers have initiated legal action against former sound engineer Huw Richards to prevent the sale of a collection of unreleased recordings, including live performances, rehearsals, soundchecks and conversations recorded during his time working with the band. The archive expected to achieve between £1.2 million and £1.6 million at auction before being withdrawn following the dispute. The band's position appears to be that, while Mr Richards may possess the tapes themselves, Oasis retains the intellectual property rights.
While the facts of the case will ultimately be determined through the legal process, the dispute highlights an issue that arises across creative industries: just because someone helped create, record or store content does not necessarily mean they own the copyright.
It is a question we are asked regularly by game developers, production companies, animation studios, software businesses, musicians and content creators. Individuals and businesses invest significant time and money developing a creative project, only to discover that ownership of the intellectual property is not as simple as expected.
The Oasis dispute is a timely reminder that copyright ownership should be addressed at the beginning of any creative project, rather than once a dispute arises.
Who owns copyright?
In simple terms, copyright protects original creative works. That can include music, films, television programmes, photographs, software code, video games, animations, artwork, written content and sound recordings.
As a general rule, the creator of a work owns the copyright unless the law or a contract says otherwise.
That sounds simple, but creative projects are rarely created by a single person. A commercially released game may involve programmers, artists, composers, voice actors and external consultants. A television programme may involve writers, producers, editors and camera operators. A music recording may involve performers, producers and sound engineers.
Without clear agreements in place, ownership can quickly become complicated.
Five copyright points every creative business should consider
There are five key issues to consider as a starting point:
1. Employee or contractor?
Where a work is created by an employee during the course of their employment, the employer will usually own the copyright.
However, independent contractors are different. If you engage a freelance developer to build software, a freelance animator to create artwork or a freelance composer to produce music, ownership does not automatically transfer simply because you paid for the work.
2. Are third-party contributors creating copyright?
Creative projects frequently involve external contributors.
That might include:
Freelance graphic designers
Software developers
Music producers
Photographers
Videographers
Scriptwriters
Voice actors
Each of these individuals may create copyright works as part of the project. Unless ownership is properly addressed, those rights may remain with the creator rather than those who commissioned the work. Paying an invoice does not automatically transfer intellectual property rights.
3. Does the contract contain an assignation clause?
One of the most important provisions in a creative services agreement is a copyright assignation clause. A licence allows someone to use the work. An assignation transfers ownership altogether.
Those commissioning creative work should ensure their agreements clearly state whether copyright is being assigned, when that assignation takes effect and which rights are being transferred.
4. Does ownership transfer only after final payment?
Many contracts state that copyright transfers only once the final invoice has been paid.
This approach is common and often sensible. It protects creators from delivering valuable intellectual property before receiving payment.
However, if final payment is never made, ownership may never transfer.
A business might think it owns a logo, software package, animation or soundtrack because it has been using it for years. Legally, that may not be the case if the contractual conditions for transfer were never satisfied.
5. Can you prove who owns what?
Even where the legal position is clear, evidence matters.
Creative businesses should maintain:
Written contracts
Commissioning instructions
Copyright assignations
Records of payment
Correspondence relating to ownership
Many copyright disputes are made significantly more difficult because documentation is incomplete or has been lost over time.
The bigger lesson for creatives
Whether the Oasis claim ultimately succeeds or not, the dispute demonstrates a principle that applies across the media sector: possession and ownership are not the same thing.
A sound engineer may possess recordings. A developer may possess source code. A designer may hold the original artwork files. That does not automatically mean they own the copyright in those materials.
For creative businesses, the commercial value often lies not in the physical asset, but in the intellectual property rights attached to it.
The renewed spotlight on Oasis provides a timely reminder that copyright should never be an afterthought. Whether you are producing a television series, developing a video game, creating software, or recording an album, ownership should be considered before work begins, not when a valuable archive appears at auction decades later.
When creative works become valuable, the key question is who owns the rights. That answer is often determined by contracts signed long before anyone realised just how much the content would be worth.
This article was co-authored by Trainee Solicitor at MFMac Cameron McCreaner.
