🚀 go-pugleaf

In article <589@clinet.FI> lare@clinet.FI (Lauri Hirvonen) writes:

> SW-COPYRIGHT PROBLEM, by Esko Hirvonen, Nokia Corporation, Finland.

The comments comes from an employee of a large employer. There are  
different sides of this problem, and what the employer side brings
forward does not always hold in court. I have some comments to
the article based on the fact that the copyright laws I know is
adhering to the same international convention as the Finnish laws,
namely the revised Berner convention of 24th July 1971. Berner
union countries consists of most of the world, including Europe and
Canada, but not USA.

>    3. Common sense agrees that the original owner of the
>       ART-WORK is the creator and the owner of an useful
>       product is the risktaker, usually the salarypayer of
>       the inventor.

The Danish Supreme court has judged otherwise in a case on the
copyrights of journalists. It is the journalist who has the copyright
not the newspaper. By analogy this also counts for programmers.

>    5. I anticipate, that a separate law for SW-protection
>       will emerge within 10 years. SW-protection belongs to
>       industrial-rights, it is not like art-work-copyrighting,
>       where the artists can for example claim extra pay for
>       reusage of the products.

The Danish parliament has discussed this. The only new paragraph
with special treatment of software in mind were, that you were not
allowed to make your personal copies by a third party. Remember,
you are allowed to make a few copies for personal use of all
copyrighted material. That is for free, and the rule is common
to all Berner Union countries. Copyright experts expect that
the international protection of software will continue to be
governed by international copyright (Berner) conventions.

>    6. In SW trade definite ownership of the product for the
>       seller is necessary. If the law in some countries does
>       not support this, big companies do not buy or make
>       SW-products in these countries.

Copyright remains with the creator, unless this is transferred
to somebody else. By agreement the firm can get the copyright
from the creator and thus have full rights to the work.

There is a Danish law on employee's rights to
inventions, of which I do not know the international relations.
It says that an employee is entitled to a reasonable sum if
his work generates a bigger profit than reasonably expected.
This should also apply to programs which can be regarded as
inventions.

Keld Simonsen        keld@diku.dk