Object of protection?
Since 1985 the Supreme Court uses a composite test: a work must have an ‘own, original
Term of Protection
Fictional Authorship, Authorship by a company
Article 6, 7 and 8 Copyright Act state:
"If a work has been made according to the draft and under the guidance and supervision of another person, that person shall be deemed the author of the work."
"Where labour carried out by an employee consists in the making of certain literary, scientific or artistic works, the employer shall be deemed the author thereof, unless otherwise agreed between the parties."
"A public institution, association, foundation or company which communicates a work to the public as its own, without naming any natural person as the author thereof, shall be regarded as the author of that work, unless it is proved that the communication to the public in such manner was unlawful."
Please note that according to article 7 the employer shall be deemed the author of work carried out by an employee consists in the making of certain literary, scientific or artistic works thereof, unless otherwise agreed between the parties. The foregoing implies that in a labour contract it should be specified what kind of works an employee should create as part of his/her job, otherwise the employer may have no rights to the work (even in case the work has been created during office hours). Further, please note that in a free-lance/work for hire situation, parties should always make an agreement with regards copyright. The party that pays for the creation of a certain work is not automatically the owner of such work.
Computer programs, apps, games, etc (software) can be copyright protected in the Netherlands, and almost all software in fact copyright protected in the Netherlands. This as for most of the software it is clear that the author has made creative choices whilst creating the computer program, apps, games, etc.
A company can be the owner of the copyright of software. A company is regarded as the author of a certain work (e.g. a computer program), in case the labour carried out by one or more of its employees consist of the making of certain works (e.g. computer programs). In case a company is regarded as the author of a computer program, it owns the copyright of that computer program.
Amsterdam, 16 May 2015