Re^7: personal code?

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.

Comment on Re^7: personal code?

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Re^8: personal code? by LanX (Saint) on May 13, 2009 at 10:42 UTC
Complicated! Let me try to explain my thoughts with my limited English ... IMHO the passage you emphasized is there to allow the different realizations of "legal persons" in different countries. E.g. in Germany the author can only(!) be a natural person and not just a legal person (in contrast to the US) Anyway as I suspected the biggest differences are likely to be between continental Europe and the British Islands (including Ireland). The continent consists of so called "Droit d'auteur" states, where you can't transfer the right to be the author, you can only sell the right to use and sell the product. From a historical point of view, the legal system of continental Europe stems on the French Code Civil which was imposed where Napoleon's troups came along (like driving on the right side ;-). So if one find the same legal structures and traditions in France and Germany, it's VERY likely they are alike in all Central and Western European countries, with the big exception of Britain. I'm no lawyer, but knowing European history with all cross-influences I heavily doubt that the described New Yorker legislation can be found in continental Europe, because it would be in conflict with older legal traditions, which always emphasized the unsellable rights of the natural person who authored a creation! (UPDATE: While the mercantile anglosaxon tradition leaves more room for interpretation) OK, so the crucial question for the EU is "How is it handled in the UK and Ireland nowadays?" Does the employer have rights on the product an employee created after work? Most sources I read where in German, but the FSF has a special agreement called FLA which was adopted for European needs. You may want to google for the commentaries on the jurisdictional background. Cheers Rolf	[reply]

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Re^8: personal code?
by LanX (Saint) on May 13, 2009 at 10:42 UTC

IMHO the passage you emphasized is there to allow the different realizations of "legal persons" in different countries. E.g. in Germany the author can only(!) be a natural person and not just a legal person (in contrast to the US)

Anyway as I suspected the biggest differences are likely to be between continental Europe and the British Islands (including Ireland). The continent consists of so called "Droit d'auteur" states, where you can't transfer the right to be the author, you can only sell the right to use and sell the product.

From a historical point of view, the legal system of continental Europe stems on the French Code Civil which was imposed where Napoleon's troups came along (like driving on the right side ;-). So if one find the same legal structures and traditions in France and Germany, it's VERY likely they are alike in all Central and Western European countries, with the big exception of Britain.

I'm no lawyer, but knowing European history with all cross-influences I heavily doubt that the described New Yorker legislation can be found in continental Europe, because it would be in conflict with older legal traditions, which always emphasized the unsellable rights of the natural person who authored a creation! (UPDATE: While the mercantile anglosaxon tradition leaves more room for interpretation)

OK, so the crucial question for the EU is "How is it handled in the UK and Ireland nowadays?" Does the employer have rights on the product an employee created after work?

Most sources I read where in German, but the FSF has a special agreement called FLA which was adopted for European needs. You may want to google for the commentaries on the jurisdictional background.

Cheers Rolf

[reply]