Re: copyright and natural law?

Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
>
> As far as "works made for hire" are concerned, can't you say - also
> according to US law - that this is a so-called "legal license", i.e.
> copyright belongs in the moment of creation to the author who is by
> law obliged to license it to the employer etc.?

No. It is not a license. It is not even an assignment. In Canada (and other jurisdictions), the Copyright Act expressly deems the employer "first owner of the copyright" where the work is made in the course of employment - i.e. the author does not own the copyright at creation. (Please note that I refer only to employees - not freelancers). This is justified on the basis that the work would not have been produced but for the employment. To automatically allow the employee to retain an economic right would hinder the employer's incentive to fund further creation of works.

Cappone D'Angelo
<cappyd[_at_]uvic.ca> Received on Sun Sep 13 1998 - 03:56:32 GMT