[OSM-legal-talk] Licensability of an employee's work

[Edward Bainton]

Hi all

Quick question arising from a 'lobbying' conversation:

*If an employee edits the map in the course of their employment, has the
work been adequately licensed to OSM/the big wide Open?*

According to UK Copyright Act 1988,
s. 11 (2) Where a literary, dramatic, musical or artistic work [F1
<https://www.legislation.gov.uk/ukpga/1988/48/section/11#commentary-c13754611>,
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.

Can the employee be regarded, as far as OSM is concerned, as having
authority to license the work? Or rather, which is what I take to be the
more important question, if the employer became unhappy with OSM using
their employee's edits, would her remedy be against OSM, or against her
employee?

Thanks!
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