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Copyright of employed persons' creations

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  1. Copyright in a ''pure'' employment context
    1. Copyright in Anglosaxon countries
    2. The french employees' so called ''droits d'auteur''
  2. Copyright concerning other employed persons
    1. The work for hire doctrine in the united states
    2. Works created by independent contractors
    3. Journalists' copyright
    4. Employees' copyright on software creations

In Australia, the copyright law gives the creator or the author of a piece of writing the first ownership of copyright. In fact, section 35(2) of the Copyright Act 1968 provides that: "Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part". In the same way, in the United States, according to Section 201(a) of the Copyright Act of 1976, the initial ownership goes to the author of the work. It states, "Copyright in a work protected under this title vests initially in the author or authors of the work". In France, the author is the one on behalf on whom the work is disclosed according to article L.113-1 of the Intellectual Property Code. The rules are exactly the same and it is actually an international rule that is recognized by the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 which provides a protection to the work of the author (article 2(6) of the Convention: "The works mentioned in this Article shall enjoy protection in all countries of the Union.?

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