A copyright may be transferred entirely or partially. The only limitations to this are the moral rights of an author, i.e. the right to be stated as an author and the obligation to respect the author. A transfer of a copy does not include a transfer of the copyright itself.
An entire transfer means that the author loses all his economic rights to the work after the transfer. An entire transfer may even cover future works. If an author dies, rules governing inheritance and wills applies to copyright.
If, in a situation of an entire transfer, the possibilities to economically use the work increases in an unexpected way after the transfer, the right these new possibilities have usually been entitled to the original author. However, there is no supreme court decision covering this issue, and therefore the rule is somewhat uncertain.
In an partial assignment, in the absence of an agreement to the contrary, the person to whom a copyright has been transferred may not change the work or transfer the copyright to others. If the copyright belongs to a business, it may be transferred together with the business or part thereof, however, the transferrer remains liable for the fulfilment of a possible original contract.
If someone creates a work within an employment, the original right to this work belongs to the creator. It is, however, usual that the right to the work is considered to be transferred to the employer, especially in cases where the work has been created within the normal line of business of the employer. In specific cases it is therefore recommended that due agreements are made over such possibilities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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