[cc-community] Lawyers Discussing CC License For Their Blog

Peter Brink peter.brink at brinkdata.se
Fri Apr 8 17:54:12 EDT 2005


drew Roberts skrev:
> First off, thanks for the thoughtful replies.

My pleasure... :-)

[snip]
> 
> I expect they would and I don't know how the money that is due under the 
> agreement could be collected, but the copyright transfer seems like it would 
> take place. Do you think the Swedish court would try and issue an order 
> reversing the action of the copyright transfer worldwide?
> 

First off, this of course highly theoretical, there are no cases (that I 
know of) like the one you suggest. Anyway, a Swedish court wouldn't 
reform a contract more than necessary. And in any case it could only 
reform it as far as Swedish jurisdiction goes...

> 
> Ah, so work for hire deals can work in Europe and the actual writer does not 
> get moral rights? The employer does? If so, thanks for the additional 
> education.
> 

I think a German or French court would be less inclined than a Swedish 
court to accept a *US* work for hire contract. US style work for hire 
contracts are generally seen as a bad thing in Europe, and you wouldn't 
be able to construct a work for hire style contract in (for example) 
Sweden. The only reason a Swedish court would accept such a contract 
would be if the contract was formed (and signed) and came into force in 
the US.

> 
> I already accepted from earlier discussions that the Swedish court would find 
> those provisions of the contract invalid for the reasons stated. (Is this the 
> case even though the contract is executed in another country? I am assuming 
> so.)

Yes...


/Peter Brink




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