Are you an artist, a composer, an author? Are you in a relationship? If so, then you need to seriously consider a contracting out agreement.

Copyright is treated as relationship property for the purposes of deciding who gets what at the end of a relationship. This means that, if you separate, your ex could have a claim over the copyright in your work.

Owning copyright in your work means that you have the exclusive right to control how your work is used. Importantly, owning copyright means that you can prevent someone from making copies of your work. But, if it ends up in the hands of your ex? Well, that could lead to results that you won’t like. For example:

• That novel you slaved over for weeks, months, and years part-time while you were working on a construction site during the day? Your ex might be able to sell copies of it after the relationship is over and make money from your efforts.
• That series of paintings you lovingly painted and kept in your own private collection, while you successfully commercialised the rest of your works? Your ex might be able to have t-shirts made for sale with copies of those paintings in your private collection.
• That carving you created painstakingly on your weekends off? Your ex might be able to flood the market with thousands of copies, devaluing your sculpture and the prestige.

If you want to avoid this outcome, then your best option to reduce this risk is to enter a contracting out agreement with your partner.  Under a contracting out agreement, you and your partner can agree who gets what in the unfortunate event that your relationship doesn’t stand the test of time. If you want a contracting out agreement, you’ll need to see a lawyer to make sure that you comply with the legal requirements for these agreements and ensure your best chance of any agreement being enforceable in Court.