[dba-SQLServer] International law question

  Just some ramblings on European IP, but your UK answer is at bottom.

The U.S. has a“work made for hire” rule that confers authorship status 
on employers for works prepared by employees in the scope of their 
employment. This rule starkly contrasts with rules in Continental Europe 
where, in deference to the cultural importance of authorship, employees 
are treated as “authors” and therefore as the initial owners of 
exclusive rights in works they produce.
Then differences get hairy very quickly. Europe and UK has moral rights 
and redistribution rights that differ from country to country.
Personality rights – authors' rights in Germany, where the publisher is 
considered to enjoy a "personal right" to speak in the name of the author
Equitable remuneration – inalienable right to additional payment in 
return for giving up certain types of right (such as the "rental right") 
in relation to sound recordings or films These don't exist in US.

The UK and I think Denmark have similar work for hire rules as the US.

Other oddities, are one I remember vaguely a US company hires a Russian 
company with full agreement of "work for hire"
The US side defaults on payment after paying only 10%, the Russian firm 
completes the project hoping to resolve
the payment. Still no payment but the US firm still holds the legal 
copyright. as it is deemed to transfer copyright at the beginning.
The Russsian company can sue to regain copyright in US but it would be 
cheaper to buy it back from US firm.

Your contract should stipulate which countries laws have jurisdiction if 
a disagreement Generally it is not in the enforcing
parties country..

Public domain doesn't exist in UK, you can't give away a copyright.

Moral Rights vary all over europe and may not apply to computer code
They cannot be transfered.

They are generaly
To be identified as the author;
To object to derogatory treatment of the work;
Very limited right of privacy (photographs and films); and
Not to have a work falsely attributed to oneself

Moral rights may allow you to invoke, if an employed or commissioned author
who has good reason to believe that his work has been insufficiently 
tested,
his "droit de divulgation" which should be
used to prevent premature delivery to unsuspecting customers. Personal
liability for a defective software package should complement this moral 
right as
a moral obligation.

In the UK I think you have to explicitly assign the copyright in writing 
, with some exceptions to
Crown copyright, generally this would be done in an employment contract.

Ahh I knew I would find it somewhere, I couldn't remember the difference 
in copyright
between work for hire and commisioned works for the UK.
For commisioned works and no designation or assignation of rights in UK, 
there is an implied licence of fair use.
to the commissioner but doesn't allow resale. Creator retains copyright.

Who owns copyright in a commissioned work? UK
http://www.intellectual-property.gov.uk/std/faq/copyright/commiss_work.htm

If you need a Canadian lawyer UK trained in IP law , I can pass you 
along an Email address.



Arthur Fuller wrote:

>I am no lawyer, but I do attempt to stay apprised of current developments
>here and in the USA. As I understand the current situation in Canada and in
>the USA, it goes like this:
>Given a contractor and a client, should they sign a contract for software
>development and should the client NOT specify that Client owns the code,
>then copyright and ownership of said code belongs to the Developer. (In
>Canada this is the case; I think it is the case in the USA as well.)
>What is the case in Britain and the ECU? Can anyone on this list provide
>info on this? Assume a case in which Contractor A and Client B enter into an
>agreement, whose clauses do not specify who owns the code. Further assume
>that sometime down the road, Client and Consultant come to loggerheads and
>there are arguments, and Consultant wants now to re-use the code and sell it
>to other clients in the same industry. (Let's say Dentists, just as an
>example.)
>What is the European take on this? Can anyone on this list speak to this?
>TIA,
>Arthur
>P.S. 
>I am asking this because my latest writing gig (www.simple-talk.com) is
>based in England, so I don't want to come off as a provincial from the
>colonies. :)
>
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-- 
Marty Connelly
Victoria, B.C.
Canada