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  • 1.2 Computer Programs and Employee Copyright
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Employers of Zipipop working on a project.
Photo: Zipipop


In accordance with 40b § 1 of the Copyright Act, the copyright of a computer program is transferred to the employer, if the computer application has been created while carrying out work assignments. [1] The preparatory materials of the Copyright Act refers to EC legal practice regarding the definition of an employee employee / independent entrepreneur.

A company may agree on the quality and extent of the transfer of copyright between an employee and company with written express agreements also in the case of software programs. For works other than computer programs, there is no work for hire assumption under the Copyright Act.

Notes and References

[1] Copyright Act 40b § 1