Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
Great quantities of copyrighted works around the world are produced in the context of labor law Relationships. The ownership of these works has been regulated in different ways by the national laws of each country, and the only attempt of legal harmonization has been found in the European Community...
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Format: | Article |
Language: | English |
Published: |
Universidad Externado de Colombia
2010
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Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3647669 |
Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 14, 2010, pags. 91-139 |
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Summary: |
Great quantities of copyrighted works around the world are produced in the context
of labor law Relationships. The ownership of these works has been regulated in
different ways by the national laws of each country, and the only attempt of legal
harmonization has been found in the European Community regarding computer
programs created in the course of employment. The sovereignty and territoriality
principles by with each country can enact its own laws in its territory to rule on
the ownership question has been applied by countries. As an example, Germany
and United States have regulated the subject in their respective national copyright
laws. Nonetheless, there are similarities and differences in the ways that these
two countries regulate the ownership of economic rights. In other countries,
such as Colombia, lawmaker have established a legal rule regarding the ownership
of moral rights in copyrighted works, but does not define a clear rule on the
important issue of the economic rights in such works. This ambiguity has caused
legal uncertainty, raising the question as to whether these types of rights belong
to employees, private contractors, freelancers or employers. Taking into account
the current issues that can arise in works created in employment relationships,
this paper will make a comparative study of the laws of Colombia, Germany and
the United States of America. |
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