[TYPO3-jobs] Reference Theft

[Andreas Becker]

In Thailand actually a developer who works inhouse for your company will
always have the copyright! Even a written consent with the employer that he
has to transfer the copyright to the company is not possible! But would can
make a written agreement for a certain amount of time, which is not
exceeding 10 years as than the copyright will automatically fall back to
the creator i.e. your employee.

This is very strange but has been discussed also at a conference in Bangkok
where an officer from the Department which is in charge of copyright law
here in Thailand was holding a speech.

It is different when you buy code from outside. In this case you are buying
also the copyright as long as the creator is selling it to you!

The discussion members actually came finally to the conclusion that it
would be better to outsource the code creation and buying the code from the
code creator than creating the code inhouse as this could be quite tricky.
i.e. a Developer who created a nice piece of code which is now the heart of
a major web applications comes after 10 years and wants back his part -
which means your site will be gone.

In India the copyright law seems to be more relaxed and as one participant
from Iran are allowed to copy all Microsoft Products.
http://en.wikipedia.org/wiki/Iran–United_States_copyright_relations

I guess from Singapore with probably the strongest copyright law and Iran
with just the opposite at all there are lots of other countries where you
could finish your work if it needs to breach or have a good copyright - but
what is a good copyright and what not ;-)







On Sun, Jun 15, 2014 at 6:39 AM, Jörg Schaller <typo3 at raschaller.com> wrote:

> On Wed, 30 Apr 2014 17:28:05 +0700, Dieter Bunkerd
> <dieter.bunkerd at typo3-asia.com> wrote:
>
> >Outsourcing (and that's what we talking about here) doesn't work this
> >way. My client IS the developer, I work for him, he pays me, but then it
> >is HIS copyright.
> >
> >Outsourcing is exactly the same situation as if I would be an employee
> >of a company. I work for them, but they hold all copyrights.
> >
>
> Actually, that is not true for Germany and a common misconception in
> German "Urheberrecht". According the Germany law, there is no way for
> a creator to loose his status or transfer it to someone else. He may
> only license his work and is completely free to decide to whom and to
> what extent. There are some cases, though, where the creator will have
> to grant a license by default, for example when creating things during
> the course of an employment contract (not freelance). This is also
> true when an employee uses his spare time to expand on content which
> belongs to his employer, for example add-ons for games.
>
> In the USA, on the other hand, there is a construct called "work for
> hire" where someone else is paid to create something but the one who
> commissioned the work is then considered the creator.
>
> If anyone needs pointers in these matters, I specialize in IT and IP
> law.
>
> Mit freundlichen Grüßen/Best regards
>
> Jörg Schaller
> Rechtsanwalt
> Kanzlei Stiletto Wilhelm und Schaller
> Kunibertsklostergasse 1 • 50668 Köln
> Tel +49 (221) 913 959 25
> Fax +49 (221) 913 959 29
> mailto:typo3 at raschaller.com
> http://www.raschaller.com
> _______________________________________________
> TYPO3-jobs mailing list
> TYPO3-jobs at lists.typo3.org
> http://lists.typo3.org/cgi-bin/mailman/listinfo/typo3-jobs