[Talk-GB] Licensability of an employee's work

[SK53]

This really belongs on talk legal rather than talk-gb. The people qualified
to answer such issues are more likely to be there, and it's rather
specialised for this list.

Certainly when I worked for a large company which paid a great deal of
attention to such issues we would not have been able to claim to be agents
of the company: although certain actions (signing another company's
confidentiality agreement did have the result of being an agent: we were
strongly warned against doing this).

Jerry



On Fri, 18 Oct 2019 at 17:45, Edward Bainton <bainton.ete at gmail.com> wrote:

> 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 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 an agent of
> their employer with authority to license the work?
>
> Thanks!
>
> Edward
>
>
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