Establishing ownership by agreement
All of these positions can be changed by agreement.
Let’s recap: The default position is that the author of a work is the owner of the copyright, unless she created the work under one of the scenarios mentioned above. For example: when you engage an architect to design your new home and prepare the building drawings, and you pay their fee, the architect still owns the copyright in the drawings. True, you commissioned and paid the architect — but this is not one of the exceptions. The default position therefore applies, namely that the architect owns the copyright in the design and drawings.
Of course, you have an implied licence to reproduce the 2D drawings in a 3D building, but you might want to own the copyright. This requires an agreement with the architect. It must be in writing, signed by the architect.
This issue features often in the context of software creation and app development. If you have someone create software for you, or develop an app, make sure that you have a written agreement which stipulates that you own the copyright.
Read section 21(1)(e) of the Copyright Act.