Author of a Work

Also known as: Author, Copyright Owner, Creator, Rights Holder, Eser Sahibi, LIAW Article 8

In short

The natural person who creates a work; in derivative works, the person who adapts it, and in jointly created works, the persons who create it together.

The author is the person who creates the work (LIAW Article 8). Authorship belongs, as a rule, to a natural person, since originality arises only from human creative activity. The person whose name appears on the work in the customary manner is presumed to be the author until proven otherwise.

Multiple Contributors

Joint authorship: Where the work forms an indivisible whole, those who created it together are its authors and exercise the rights jointly (LIAW Article 10(1)).
Separable contributions: In works made of separable parts, each contributor is the author of their own part.
Derivative works: In translations or adaptations, the adapter is the author, subject to the original author’s rights.
Cinematographic works: The director, the composer of original music, and the screenwriter and dialogue writer are joint authors; in animation the animator is added.

Employee Works

Under LIAW Article 18(2), unless otherwise agreed or implied by the nature of the work, the economic rights in works created by civil servants, employees and workers in the course of their duties are exercised by the employer. The same rule applies to organs of legal entities. Authorship and moral rights remain with the employee.

Commissioned Works

Article 18(2) does not apply to work commissioned from freelancers, agencies or software companies. For economic rights to pass to the commissioning party, a written contract complying with LIAW Article 52 and specifying each right transferred is needed. This is one of the most common IP gaps in companies. See Economic Rights and Licence Agreement.

For authorship issues in AI-generated content see AI-Generated Content.

Frequently Asked Questions

Who owns the code written by an employee of a software company?

Unless otherwise agreed or implied by the nature of the work, the economic rights in works created by employees in the course of their work are exercised by the employer (LIAW Article 18(2)). Moral rights, in principle, remain with the employee.

Who owns a logo commissioned from an agency or freelancer?

In commissioned works, economic rights do not pass to the commissioning party automatically. A written assignment or licence agreement complying with LIAW Article 52, listing the rights individually, is required.

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