Sydney Organising Committee for the Olympic Games v Hugh Thompson

The Supreme Court of New South Wales considered a dispute between the Sydney Organising Committee for the Olympic Games (SOCOG) and Hugh Thompson. The core of the disagreement concerned the ownership of copyright in certain artistic works created by Thompson, a freelance graphic designer, for the Sydney 2000 Olympic Games. SOCOG asserted ownership of the copyright, while Thompson contended that he retained copyright ownership.

The central legal issue before the Court was whether the copyright in the artistic works created by Thompson vested in SOCOG by operation of law, or whether Thompson, as the author, retained copyright ownership. This question turned on the interpretation of the *Copyright Act 1968* (Cth), specifically provisions relating to copyright ownership in works made in the course of employment or under a contract for services.

The Court analysed the nature of the relationship between Thompson and SOCOG, and the terms of their agreement. It was held that Thompson was engaged as an independent contractor, not an employee. Consequently, the general rule under the *Copyright Act* applied, which vests copyright in the author unless there is a specific agreement to the contrary. The Court found no such agreement transferring copyright ownership to SOCOG.

Accordingly, the Court found that Hugh Thompson was the owner of the copyright in the artistic works.