According to the basic rule, the author is the person who created the work and who is the only owner of all rights on the work. It follows that only physical persons can be authors. Even if moral persons can not be the authors, they can still obtain a copyright through transfer or license.

The person whose name figures on the work is presumed to be the author, unless the contrary is proven. For works accomplished under a labour agreement or “to order” (also called “work for hire”), the author is the person who actually creates the work and thus owns all the rights. If the employer wishes to obtain those rights, he has to stipulate that by means of a contract clause. The rules are different In other countries, for example in the US if the creation is made in line with what the worker is hired for or especially commissioned for, the employer is immediately the legal author i.e. corporate authorship.

Copyright and Databases

The creator of a database or legal successor – in particular the creator’s employer if a transfer of rights has been agreed (e.g. within a contract of employment) – is in principle the owner of the rights. The physical or moral person, at the origin of the creation of the database, and who supports the investment indispensable to its development, also benefits from a protection. This protection extends over 15 years starting from January 1 in the year after communication to the public of the database. It can be extended for the same duration if obvious development is made to the database.

In order to avoid future troubles, it is highly recommended that developers be asked to sign a relatively simple agreement, by which they make a commitment to give up their copyright on elements developed under their care.