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Vidareöverlåtelse av upphovsrätt

Axelsson, Eric LU (2011) HARK11 20111
Department of Business Law
Abstract (Swedish)
The copyright for an artistic work is a property right that can be disposed of freely, in accordance with agreements. Such disposition usually occurs by licensing out the rights of the intellectual property to a party that then distributes it. The scope of use for such licenses are however, not always defined. Controversies arise in regard to the release of the work, its associated rights and its possibilities for further transfer. The thesis deals with problems in regard to the transfer of the copyright, with the intention of defining the operative law related to copyright transfers and determining to which extent the intellectual rights are preserved. Especially in regard to further transfers of the right.
The investigation will... (More)
The copyright for an artistic work is a property right that can be disposed of freely, in accordance with agreements. Such disposition usually occurs by licensing out the rights of the intellectual property to a party that then distributes it. The scope of use for such licenses are however, not always defined. Controversies arise in regard to the release of the work, its associated rights and its possibilities for further transfer. The thesis deals with problems in regard to the transfer of the copyright, with the intention of defining the operative law related to copyright transfers and determining to which extent the intellectual rights are preserved. Especially in regard to further transfers of the right.
The investigation will commence through the processing of legal sources, from the stipulated laws and their preceding works to the judicial rulings made in court. By a comparison of the stated law with the established doctrine and the means of interpretation applied in court, I seek to account for the legal opportunities for the license taker to further transfer the copyrights. Thus showing to which extent the law protects the author of the rights, and determine whether this protection is adequate.
The results show a segmented legal area where the stipulated law is limited and difficult to apply to practical matters. Agreements that are inadequately composed are therefore supplemented by collective agreements and interpreted by models founded in the legal doctrine and rulings, which have a tenancy to favour the license taker over the author. (Less)
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author
Axelsson, Eric LU
supervisor
organization
course
HARK11 20111
year
type
M2 - Bachelor Degree
subject
keywords
Upphovsrätt, Immaterialrätt, Licensavtal
language
Swedish
id
1977361
date added to LUP
2011-06-14 08:37:48
date last changed
2011-06-14 08:37:48
@misc{1977361,
  abstract     = {The copyright for an artistic work is a property right that can be disposed of freely, in accordance with agreements. Such disposition usually occurs by licensing out the rights of the intellectual property to a party that then distributes it. The scope of use for such licenses are however, not always defined. Controversies arise in regard to the release of the work, its associated rights and its possibilities for further transfer. The thesis deals with problems in regard to the transfer of the copyright, with the intention of defining the operative law related to copyright transfers and determining to which extent the intellectual rights are preserved. Especially in regard to further transfers of the right. 
The investigation will commence through the processing of legal sources, from the stipulated laws and their preceding works to the judicial rulings made in court. By a comparison of the stated law with the established doctrine and the means of interpretation applied in court, I seek to account for the legal opportunities for the license taker to further transfer the copyrights. Thus showing to which extent the law protects the author of the rights, and determine whether this protection is adequate. 
The results show a segmented legal area where the stipulated law is limited and difficult to apply to practical matters. Agreements that are inadequately composed are therefore supplemented by collective agreements and interpreted by models founded in the legal doctrine and rulings, which have a tenancy to favour the license taker over the author.},
  author       = {Axelsson, Eric},
  keyword      = {Upphovsrätt,Immaterialrätt,Licensavtal},
  language     = {swe},
  note         = {Student Paper},
  title        = {Vidareöverlåtelse av upphovsrätt},
  year         = {2011},
}