Challenges to the Creator Doctrine
Published on 1. August 1994
214 pages
978-90-411-8217-3 (ISBN)
Description
Copyright is generally vested either in 'the work' or in 'the author'. Authorship as the basis of copyright is the most common in modern copyright laws. While 'the author' is generally equated with the 'creator', this is not true in every situation.
This study by Jacqueline Seignette explores cases in which copyright and creatorship do not coincide. She focuses on the situation in three jurisdictions: The Netherlands, Germany and The United States. In Germany the importance of creatorship for copyrights is the strongest while in US the importance of creatorship in copyright law is less pronounced. The Netherlands occupies a middle position with respect to the value which is attached to the Creator Doctrine.
An illustration of the different concepts of authorship is the fact that in American law industrial and technical adaptations and uses of works of art fall under the copyright regime while in the German case such products may have sui generis rights, not copyrights. According to the author, 'the American, Dutch and German copyright laws provide an interesting cross-section of what legislation on copyright ownership at the end of the twentieth century may look like'.
This study by Jacqueline Seignette explores cases in which copyright and creatorship do not coincide. She focuses on the situation in three jurisdictions: The Netherlands, Germany and The United States. In Germany the importance of creatorship for copyrights is the strongest while in US the importance of creatorship in copyright law is less pronounced. The Netherlands occupies a middle position with respect to the value which is attached to the Creator Doctrine.
An illustration of the different concepts of authorship is the fact that in American law industrial and technical adaptations and uses of works of art fall under the copyright regime while in the German case such products may have sui generis rights, not copyrights. According to the author, 'the American, Dutch and German copyright laws provide an interesting cross-section of what legislation on copyright ownership at the end of the twentieth century may look like'.
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J. Seignette
Challenges to the Creator Doctrine
Book
08/1994
1st Edition
Kluwer Law International
€89.88
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Content
- Cover
- Half Title Page
- Editorial Board
- Title Page
- Copyright Page
- Table of Contents
- List of abbreviations
- Chapter 1 Introduction
- 1. 1 Challenges to the creator doctrine
- 1.2 Structure of the study
- Chapter 2 The historical development of the creator doctrine
- 2.1 Introduction
- 2.2 The development of the book trade
- 2.3 The nature of printing privileges
- 2.4 The renaissance of the individual author
- 2.5 Authors' privileges
- 2.6 Towards a more institutionalized protection against copying
- 2.7 From privilege to copyright
- 2.8 John Locke's labour theory and the creator doctrine of copyright law
- 2.9 Property rights
- 2.10 Immaterialgüterrecht
- 2.11 Persönlichkeitsrecht
- 2.12 The monistic v. the dualistic concept of the author's right
- 2.13 The creator doctrine in German copyright law
- 2.14 The creator doctrine in U.S. copyright law
- 2.15 The creator doctrine in Dutch copyright law
- 2.16 Evaluation: author's right vs. copyright
- Chapter 3 The impact of the creator doctrine on the exploitation of creative works
- 3.1 Introduction
- 3.2 Identifying the first copyright owner according to the creator doctrine
- 3.2.1 WHO IS THE AUTHOR?
- 3.2.2 STATUTORY PRESUMPTIONS AND DEFINITIONS OF AUTHORSHIP
- 3.3 The impact of the creator doctrine on security in copyright commerce
- 3.3.1 INTRODUCTION
- 3.3.2 ACQUISITION OF RIGHTS IN CASE OF MULTIPLE CREATIVE CONTRIBUTIONS
- 3.3.3 THE PRODUCER AS AUTHOR
- 3.3.4 ACQUIRING TITLE TO FUTURE WORKS
- 3.3.5 NATIONALITY AND TERM OF PROTECTION OF THE WORK
- 3.3.6 LIMITATIONS TO THE SCOPE, TERM AND EXCLUSIVITY OF TRANSFERS
- 3.3.7 AUTHORIZATION TO EXPLOIT A WORK WITHOUT ACQUIRING COPYRIGHT OWNERSHIP
- 3.4 The impact of the creator doctrine on security in international copyright transactions
- 3.5 The impact of the creator doctrine on the efficiency in the process of acquiring and establishing title to works of authorship
- 3.6 Conclusions
- Chapter 4 Allocation of rights according to the division of risks between creator and producer
- 4.1 Division of risks between creator and producer
- 4.2 Factor 1: production risk
- 4.3 Factor 2: organizational risk
- 4.4 Factor 3: associative risk
- 4.5 Conclusions
- Chapter 5 Attributing authorship and initial copyright ownership to producers: a discussion
- 5.1 Introduction
- 5.2 The advocates in continental-European doctrine
- 5.3 The imperativeness of the creator doctrine in view of the creator's moral and economic interests in the work
- 5.4 The right of first publication
- 5.5 The right of integrity
- 5.5.1 STATUTORY PROVISIONS
- 5.5.2 THE SCOPE OF PROTECTION
- 5.5.3 THE LEGAL NATURE OF THE RIGHT OF INTEGRITY
- 5.6 The right of attribution
- 5.6.1 STATUTORY PROVISIONS
- 5.6.2 SCOPE OF PROTECTION
- 5.7 Conclusions
- Chapter 6 The practical implications of the various methods for allocating rights to producers: statutory presumption of transfer, attribution of authorship and neighbouring rights
- 6.1 Introduction
- 6.2 The presumption of transfer
- 6.2.1 INTRODUCTION
- 6.2.2 THE MOMENT OF THE GRANT AND THE MANNER IN WHICH THE PRESUMPTION CAN BE REBUTTED
- 6.2.3 THE SCOPE AND EXCLUSIVITY OF THE RIGHTS TRANSFERRED
- 6.3 Attribution of authorship to producers
- 6.4 Neighbouring rights
- 6.5 Conclusions
- Chapter 7 The applicability of statutory provisions allocating rights to producers: the judicial interpretation
- 7.1 Introduction
- 7.2 The meaning of 'employee' in the definition of a 'work made for hire'
- 7.2.1 THE EMPLOYEE-INDEPENDENT CONTRACTOR DICHOTOMY
- 7.2.2 AN 'EMPLOYEE' ACCORDING TO THE GENERAL COMMON LAW OF AGENCY
- 7.3 Commissioned works after CCNV: the joint authorship alternative
- 7.4 The Dutch provision on employment works (§ 7 DCA)
- 7.4.1 LABOUR PERFORMED IN THE SERVICE OF ANOTHER
- 7.4.2 THE 'SPECIFIC WORKS' CLAUSE
- 7.5 Authorship of commissioned works in Dutch copyright law
- 7.6 The allocation of rights in audiovisual works
- 7.7 Conclusions
- Chapter 8 Conclusions
- 8.1 Brief conclusions
- 8.2 Outlook
- Bibliography
- Table of Cases
- Index
- About the author
- Back Cover
