Derivative work

'Is it legal', 'can I do this' type questions and discussions.
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Yanm
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Derivative work

Post by Yanm » Sun Jun 19, 2016 8:22 am

Hi,
I am an Instructional Designer and Digital Designer and I created a whole online training for a firm. I produced the first half part of the product as a full time employee and the second half part of the product as consultant under a contract with my own company.
We signed a contract for my consultancy and my client owns the copyrights for my production.
I am ok with the fact they can use or modify my work for this specific project, but I would not like to see them producing derivative projects from my work and designs. Do I have the right to prevent them to create derivative projects?
Many thanks,
Yanm

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AndyJ
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Post by AndyJ » Sun Jun 19, 2016 4:45 pm

Hi Yanm

Unfortunately for you, it is the owner of the copyright who has the right to authorise the making of derivative works based on the original work. All the economic rights - reproduction, distribution, publishing etc - fall within the ambit of the rights owner.

However you as the author retain the moral rights, such as the right to be credited as the author (although you would have needed to assert this in the contract) and the right not to have your work treated in a derogatory way such that it impacts adversely upon your reputation or honour. However the right to be credited as the author does not apply to works made in course of employment (so in this case, the first part), and similarly where the work is made in the course of employment, the right not have your work treated in a derogatory manner only exists if you have been identified as the author in the first place.

I hope this helps.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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