To me that just says that the work for hire doctrine must exist. Look just above that to
1. The author of a computer program shall be the natural person or group of natural persons who has created the program or, where the legislation of the Member State permits, the legal person designated as the rightholder by that legislation. Where collective works are recognized by the legislation of a Member State, the person considered by the legislation of the Member State to have created the work shall be deemed to be its author.
Look at the section I emphasized. Suppose a member state enacts a work to hire doctrine similar to New York's. They have clearly satisfied the minimum requirement in section 3. They have violated nothing that I read in the document. And by that emphasized section, the member state's designation of the copyright holder must be respected by all other EU states.

Therefore nothing in that directive says that a member state can't enact a work to hire doctrine as draconian as New York's. And if any does, the effect of that directive is that all other states must respect that member state's allocation of copyright.

In reply to Re^7: personal code? by tilly
in thread How do you show off your work to prospective clients? by punch_card_don

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