Spökskrivares rätt till namngivning - I upphovsrättens och avtalsrättens gränsland

Sammanfattning: When an agreement is entered into between a ghostwriter (author) and a commissioner (acquirer) regarding the transfer of the right of attribution, one of the more intricate legal questions concerning the borderland between copyright and contract law is raised. At first glance, based on what the Swedish Copyright Act stipulates, it does not seem possible for an author to completely transfer their right of attribution. This is due to the legislator's argument that moral rights are so closely connected to the creator's personality that, unlike economic rights, they cannot be transferred. However, an author has the right to waive their right to attribution. An initial dogmatic consideration is then how binding an agreement that is entered into between a creator and an acquirer of an attribution right really is. Regarding copyright law's view on the waiver of the right to be named, a broader application of Section 3, Paragraph 3 of the URL is made to conform to the industry custom for ghostwriting. The broader application is justified by referring to what is considered good practice within the industry and the scope of the limitation in terms of type and extent is greater for ghostwriters. The notion is based on the fact that a ghostwriter has entered into a clear agreement with an acquirer where the waiver is stipulated in a clear contractual term. Further, the general principles of contract law are examined and how they relate to such a clear agreement between the parties, with the aim of understanding the current legal norms and how they may be used in copyright agreements. The intention of the thesis is to highlight the legal basis for the creator's connection to their work and the challenges that arise from contracts that aim to transfer or waive this right. This will be explored through an in-depth analysis of the current law, where the creator's principal right to be recognized as the creator of a work, regardless of prior contractual relationships, is the focus. By examining legal practice and doctrine, the thesis will explore the legal and practical implications of ghostwriting agreements, and the question of whether and how a ghostwriter may annul such an agreement. The purpose of the thesis is achieved through a balanced review of the arguments that support and oppose the possibility of a complete transfer of the right to attribution. The thesis clarifies, based on the research, that in a copyright context, there are possibilities for total transfer of the right to attribution. Contractual rules seem to be relevant for determining whether a ghostwriter has the right to annul a ghostwriting agreement. Contract law principles and provisions are invoked to assess the validity and binding nature of the agreement between the ghostwriter and the client. Through analyzing the current legal status of ghostwriters, it can be observed that the right to attribution has, to some extent, weakened, as the principle of contractual binding carries more weight than the inalienability of the right to attribution.