Public licenses & Creative Commons
If the author wants to publish his/her work in open access, he/she must clarify whether he/she will have the right to use the work at all. And this is in most cases governed by various legislative measures.
What needs to be taken into account?
- Have I granted someone an exclusive licence?
- If the work has multiple authors, you need to have the consent of all co-authors.
- Employee works: unless otherwise stated, the employer has certain rights in works created in the course of employment. See section 58 of the Copyright Act.
- For works created on commission, it depends on the terms set out in the agreement. Similarly for works created within the framework of a project.
- Collective management: in some cases the property rights in works are held by collective managers. For more information see § 59 of the Copyright Act.