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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Main Author: Herrera Díaz, Jose Roberto
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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dialnet-ar-18-ART00004071032016-04-13Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of americaHerrera Díaz, Jose Robertocopyrighted WorksSoftwareThe sovereignty and territoriality principlesownership of economic rightsGreat 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.Universidad Externado de Colombia2010text (article)application/pdfhttp://dialnet.unirioja.es/servlet/oaiart?codigo=3647669(Revista) ISSN 1657-1959Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 14, 2010, pags. 91-139engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: http://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: http://dialnet.unirioja.es/info/derechosOAI
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Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 14, 2010, pags. 91-139
language
English
topic
copyrighted Works
Software
The sovereignty and territoriality principles
ownership of economic rights
spellingShingle
copyrighted Works
Software
The sovereignty and territoriality principles
ownership of economic rights
Herrera Díaz, Jose Roberto
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
description
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.
format
Article
author
Herrera Díaz, Jose Roberto
author_facet
Herrera Díaz, Jose Roberto
author_sort
Herrera Díaz, Jose Roberto
title
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
title_short
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
title_full
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
title_fullStr
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
title_full_unstemmed
Ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
title_sort
ownership of copyright in works created in employment relationships: comparative study of the laws of colombia, germany and the united states of america
publisher
Universidad Externado de Colombia
publishDate
2010
url
http://dialnet.unirioja.es/servlet/oaiart?codigo=3647669
_version_
1709709908113358848