Ownership

The ownership of copyright in works is determined by law and may depend on the circumstances under which the work was created.  In many cases the author of the work will be the first owner but, for example, some national laws provide that where such works are made by employees, the employer is the first owner of the copyright. Ownership of copyright can be transferred.

Authorship, Case Law, Ownership, Transfer (of right)

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Bankruptcy brings always its share of bad surprises, and it usually gets dodgier when intellectual property is involved… In this post, we propose a review of a decision of the Belgian Supreme Court illustrating this observation in the software development sector. We will start with the legal provisions applied by the Court and its decision…

Collective management, Legislative process, Making available (right of), Ownership

(Department of Business Law, Lund University)/ /4 Comments

My first post for the Kluwer Copyright blog will touch upon an issue which over the years has gained increased attention from legislators: how to stimulate the digitization and online availability of the collections held by libraries, museums and other cultural institutions – sometimes referred to as our “common heritage” – and at the same…

Authorship, Belgium, Case Law, Ownership, Transfer (of right)

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

In its arrest of 3 June 2010, the Supreme Court of Belgium decided that the presumption of transfer to the employer of patrimonial copyrights in a program created within an employment relationship, does does not apply in a situation where a program is developed by the statutory manager of a limited liability company. Click here…