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

Edward Bainton bainton.ete at gmail.com
Fri Oct 18 17:22:53 UTC 2019


Thanks, I'll repost.

On Fri, 18 Oct 2019 at 18:04, SK53 <sk53.osm at gmail.com> wrote:

> 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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>> Talk-GB at openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/talk-gb
>>
>
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