4 ms·
That's why it's called copyright. You can perfectly sign it away. In Germany the right is called "Urheberrecht" which literally translates to "author's right".
by 7bit 11mo ago
That's why it's called copyright. You can perfectly sign it away.
In Germany the right is called "Urheberrecht" which literally translates to "author's right". And while you can license your work and sign away the usage, you cannot by definition sign away the fact that you are the author of a work.
- oniony 11mo agoSo how does ghostwriting work then? Lots of books have unaccredited ghostwriters.
- Lerc 11mo agoNot a Lawyer, but this seems like work-for-hire. https://en.wikipedia.org/wiki/Work_for_hire https://en.wikipedia.org/wiki/Work_for_hire I assume Germany has something like this (possibly a EU requirement). It would cover more than just ghostwritten books. Most software is written in a similar manner. Microsoft didn't write windows, lots of ghostwriting programmers did.
- Lariscus 11mo agoThis is handled in the employment contract. The "Urheberrecht" is not transferable only inheritable, but you can grant "Nutzungsrechte" which means "rights of use". So in your contract you just grant your employer unrestricted and exclusive rights of use.
- pbhjpbhj 11mo agoThe author never had the rights, as they worked under contract, so they don't need to sign them away. But we also the right to be named as author is not a requirement to be named as author.
- vidarh 11mo agoIn English this is usually translated as "moral rights"[1]. They are fairly widespread in other civil law jurisdictions than Germany too. Less so in common law jurisdictions. But they exist to a (very) limited extent even in the US. https://en.wikipedia.org/wiki/Moral_rights https://en.wikipedia.org/wiki/Moral_rights
- ghaff 11mo agoWhich is one of the reasons public domain is problematic in some jurisdictions because it requires you to waive rights you can't necessarily waive. Yes, Louisiana somewhat notwithstanding, the US is basically common law like the UK (and much of the Anglosphere/Commonwealth). As a bit of trivia, the MIT License was essentially created because of issues with "just" making X public domain. https://opensource.com/article/19/4/history-mit-license https://opensource.com/article/19/4/history-mit-license