les Nouvelles - September 2014

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How Does Europe Deal With The Question Of How To Transfer Rights From The Author To The Exploiter? The European Perspective On The Work Made For Hire Doctrine

Julian Klagge

Boehmert & Boehmert

Christian Czychowski

Boehmert & Boehmert

The claim that the legal framework concerning the work made for hire doctrine in U.S. copyright law needs reforming has consistently arisen in the recent past. Among others, Haviland46 argues for a fundamental revision of the current provisions with respect to works made for hire. In his article he posits in particular the legal recognition of the actual creator of the work as the "author" in a legal sense, combining this change with an automatic and exclusive assignment of the exploitation rights to the hiring party for a 56 year term.

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