[okfn-discuss] Copyright on crosswords
David Jones
drj at pobox.com
Tue Sep 27 14:00:20 BST 2011
Hmm, I thought the UK had a "work for hire" rule, but it's not quite so simple:
from http://www.legislation.gov.uk/ukpga/1988/48/section/11
11 First ownership of copyright.
(1)The author of a work is the first owner of any copyright in it,
subject to the following provisions.
(2)Where a literary, dramatic, musical or artistic work [F1, or a
film,] is made by an employee in the course of his employment, his
employer is the first owner of any copyright in the work subject to
any agreement to the contrary.
--
So if I employ Auracaria to produce a crossword then I have the
copyright. However, if I buy a service from "We Can Make Crosswords
For You Limited" and they employ Auracaria to make a crossword, then
they have the copyright.
I suppose crosswords are capable of having both copyright and moral
rights (being a "literary work", but I wouldn't be surprised if
someone were prepared to contest it). However, if Auracaria wrote a
computer program to generate the crossword (seems unlikely in
Auracaria's case, but perhaps not in other cases) then he may have
lost his moral rights (!):
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