RIDA 222 | 10-2009

Doctrine

Reflections on the law applicable to initial awnership of employed author's economic rights

Javier MASEDA RODRIGUEZ

Code : 222-D2
Keywords :
Berne (Convention de) , Copyright, Work made for hire, Employment (contract), Applicable law, Lex loci protectionis, Lex originis, Spain, United States of America, Netherlands, Ownership, Employee (salaried)

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REFLECTIONS ON THE LAW APPLICABLE TO INITIAL OWNERSHIP OF EMPLOYED AUTHORS’ ECONOMIC RIGHTS

I. INTRODUCTION: INITIAL OWNERSHIP AS THE STARTING POINT

Among the issues raised by the international exploitation of an artistic or scientific work, this article deals with the question of the law applicable to the original ownership of employed authors’ economic rights and focuses in particular on the reception, considered from the viewpoint of the Spanish legal system, of the category of “works made for hire” under US law regulating the subject.

The question is not a minor one. It must be borne in mind that the work’s exploitation through production, distribution, exhibition, publication or adaptation contracts is planned on the basis of the concrete attribution of rights stemming from the initial ownership of

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