Skyddet vid överlåten upphovsrätt - Om upphovsmannens rättsliga skydd efter överlåten upphovsrätt i ljuset av DSM-direktivet

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Summary This essay will go thorough and discuss what kind of protection authors in the digital single market are given when they by contract transfer their copyright to someone else. In most cases, an author must first transfer it to another user in order to make use of or gain from his or her copyright. More often than not this user is some form of company that exploits the copyright. In Swedish copyright law authors are given strong protection as long as they own the copyright. Whoever, after it is transferred a big part of this protection is lost. In the field of copyright there are differences in strength between authors and the aforementioned users. Therefore the authors are in a dependent position in regard to the user. In this industry it is hard for authors to determine the worth of their copyright and what he or she is entitled to. The user, who often is the stronger part, can take advantage from the author, freely dictate the contract and add unfair conditions. In such occasions the author may use the 36 § in the Swedish Contracts Act to adjust agreements that are unfair. However, the provision belongs in contract law and therefore does not constitute lex specials on copyright law. It has not been frequently used and in practice the application has been highly restrictive. Since it is the most central provision that authors can use, one may argue that the Swedish copyright law is in need of stronger protection. In order to adapt and complement the current EU regulations on the field of copyright to the latest technological developments the parliament has issued the DSM-directive on the 17th of April 2019. The directive contains a chapter regarding fair remuneration in exploitation contracts of authors and performers. The essay will mainly examine articles 18 and 20 in the directive. The former being the right to fair remuneration while entering the agreement and the later ensures that the author can receive an additional remuneration if the transferred copyright turns out to have significantly increased. Whether the DSM-directive is a solution to the issue at hand is up for discussion however it is clear that it is a step in the right direction for Swedish copyright law.

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