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RIGHTS CHECKER

Is it yours to offer?

“I’m not sure I can sell this” is the most common thing we hear. Answer a few questions about who wrote it and how, and you’ll see where you stand and the exact document to look for.

01 Where was it made?

Where the people who wrote it were based, or where the company is registered.

02 Who wrote it?
03 Is any of it open-source or copied code?
04 Engines and bought assets
05 Who paid for it?
06 Has the source ever been public?
07 Has it been sold or licensed before?

Your answers stay in this page and its address. We don’t upload or save them.

The defaults behind the answers

Not legal advice. This tool gives general information about default rules in Australia and New Zealand. Contracts often change those defaults, and every situation is different. Talk to a lawyer about yours. Using this tool doesn’t create any client relationship with Goodwattle.

Employees

Australia: copyright in work an employee makes under their employment belongs to the employer unless they agreed otherwise (Copyright Act 1968, s 35(6)). New Zealand: the employer is the first owner of work made in the course of employment (Copyright Act 1994, s 21(2)). Many employment contracts also claim related work made outside hours, so “related” answers point to a lawyer.

Contractors, collaborators and co-founders

In both countries a contractor owns what they write unless they assign it, and an assignment only takes effect in writing, signed by the person assigning (Australia s 196(3); New Zealand s 114). In New Zealand, work commissioned and paid for before 31 October 2008 may belong to whoever commissioned it. Co-authors usually own a work jointly, and one joint owner generally can’t license it without the others.

Companies that are closing

A company can sell or license its IP while it’s registered, with the directors’ authority. Once a liquidator or administrator is appointed they control its property. After deregistration, remaining property vests in ASIC in Australia (Corporations Act 2001, s 601AD) and in the Crown in New Zealand (Companies Act 1993, s 324). See the wind-down checklist.

Open source, engines and bought assets

Permissively licensed code can usually stay with its notices or be left out. Copyleft code (GPL, AGPL, LGPL, MPL) and forks of public projects need a closer look. Engine code and marketplace content are licensed to you rather than owned, so they’re excluded from anything offered. Unity’s terms were updated in July 2026 to restrict using Unity-derived materials for AI training, so Unity projects are reviewed with that exclusion in mind; check the version of the terms you accepted.

Publishers, clients and funders

Publishing, development and client agreements decide who owns the work. Without a written assignment, the developer usually keeps copyright, though the client may have a licence to use what it paid for. Grant agreements usually leave IP with the developer but can add conditions.

Public release and earlier licences

Making code public doesn’t transfer ownership, but an open-source licence can’t be taken back, and today’s buyer briefs prefer never-public code. An earlier sale or exclusive licence usually rules out offering it again; a non-exclusive one may not.

How the outcome is chosen

Each answer that raises a question adds a note with a severity. The result is the most serious one: clear to offer, then needs a document, needs a lawyer, and not yours to offer. Every note names the document to find. Nothing here is a rights check or clearance by Goodwattle; we confirm ownership in writing before any agreement.