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

[Simon Poole]

The question is rather complicated and if at all can really only be approached on a per  jurisdiction base as both employment regulation and certain aspects of intellectual property law differ widely by territory.

So the 1st thing to clarify would be where this is taking place and which law is relevant.

Simon

Am 18. Oktober 2019 19:41:59 MESZ schrieb Edward Bainton <bainton.ete at gmail.com>:
>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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