Working Group Proposal Regarding Copyright to Works Created in Employment
- Finland
- 12/07/2009
- Roschier, Attorneys Ltd. - Finland
A working group under the Ministry of Education proposes in a draft Government Bill 30 October 2009 that the division of rights between the employer and employee to works created in the course of employment be specifically addressed in Finland’s Copyright Act. The aim of the draft bill has been to codify the current established practice, where the employer has a parallel right to use the work created by the employee in the course of employment, unless otherwise agreed.
Currently, only employer’s right computer programs and databases created in employment has been specified in the Copyright Act. The working group does not propose any amendments to these provisions, and the copyright for these types of works will also in the future transfer to the employer under the Copyright Act.
As to other types of works, the working group proposes that the employer will be granted a right to use works created by the employees in the course of employment. The employer’s right to use the work would include the right to modify and assign the work. Other economic rights and moral rights connected to the work would according to the draft remain with the employee.
The proposed provision is based on freedom to contract and it would be secondary to employment contracts, collective bargaining agreements and other agreements, which contain provisions deviating from those proposed. Also the established practice in the branch would override the proposed provisions.
It seems that the wording of the amendment is somewhat unclear, and if enacted, may raise justified criticism from copyright management perspective. For example, the amendment seems to leave open the question on which party has the right to defend the copyright. If enacted in the current form, it therefore seems that it will be even more recommendable to agree on copyrights created in employment in (employment) contracts.
