{"id":3854,"date":"2023-07-12T11:46:18","date_gmt":"2023-07-12T11:46:18","guid":{"rendered":"https:\/\/sawaryn.com\/?p=3854"},"modified":"2026-10-26T10:58:27","modified_gmt":"2026-10-26T10:58:27","slug":"it-copyright-rights-to-code","status":"publish","type":"post","link":"https:\/\/sawaryn.com\/en\/publikacje\/it-copyright-rights-to-code\/","title":{"rendered":"Copyright Law in IT. What You Need to Know to Avoid Losing Rights to Code"},"content":{"rendered":"

Without the right clauses, you risk losing rights to code, disputes with clients or collaborators, and real financial losses. Below are practical rules: how moral rights differ from economic rights, when to license rather than assign rights, and how to protect yourself in agreements<\/strong><\/a> with employees, B2B contractors and service providers.<\/p>\n

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Two types of copyright: moral and economic rights<\/h2>\n

Copyright law<\/strong><\/a> defines the relationship between a creator and the work they create. It regulates who may use the work, on what terms, and who receives the benefits. In practice, it distinguishes two categories of rights, each governed by different rules.<\/p>\n

Economic rights<\/h3>\n

Economic rights concern the commercial use of a work and the ability to earn from it.<\/p>\n

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  • They are transferable<\/strong>, so they may be assigned to another party under an agreement.<\/li>\n
  • They allow commercial use<\/strong>, giving the rights holder control over commercial exploitation of the work.<\/li>\n
  • They may be licensed<\/strong>, so an assignment of all rights is not always necessary.<\/li>\n<\/ul>\n

    Moral rights<\/h3>\n

    Moral rights protect the creator\u2019s relationship with the work. They include:<\/p>\n

      \n
    • the right to be identified as the creator;<\/li>\n
    • the right to make the work available to the public for the first time;<\/li>\n
    • the right to supervise how the work is used.<\/li>\n<\/ul>\n

      Moral rights cannot be transferred.<\/strong> They also do not expire with time.<\/p>\n

      Why moral rights matter in IT<\/h3>\n

      Although moral rights cannot be assigned, an agreement can address their exercise. A creator may agree not to exercise them, for example by not requiring attribution in code delivered to a client. Without such terms, the creator remains free to exercise those rights.<\/p>\n

      \n

      How to assign economic rights<\/h2>\n

      There are two options: assign the rights in full or grant a license. Each requires a different approach and provides different options.<\/p>\n

      Copyright assignment: what you need to know<\/h3>\n

      An assignment is a permanent transfer of all economic rights to a work, such as source code or a portion of it. After the agreement is concluded, the acquirer may use the work as if they were its creator.<\/p>\n

      In practice, the acquirer:<\/p>\n

        \n
      1. may grant licenses<\/strong> to other parties;<\/li>\n
      2. may transfer the rights onward<\/strong>, for example to the end client;<\/li>\n
      3. takes control<\/strong> of the work\u2019s commercial exploitation.<\/li>\n<\/ol>\n

        Written form is mandatory.<\/strong> An agreement assigning copyright must be in writing. Oral, email or messaging-app arrangements are not enough. An agreement without written form is invalid by operation of law. This is a common mistake in IT.<\/p>\n

        License: what it is and how to grant one<\/h3>\n

        A license permits use of a work within a specified scope without transferring ownership of the rights. The creator remains the owner of the economic rights.<\/p>\n

        The licensee:<\/p>\n

          \n
        • may<\/strong> use the work within the scope defined in the agreement;<\/li>\n
        • may<\/strong> grant a sublicense, but only if the agreement allows it;<\/li>\n
        • may not<\/strong> sell or assign the rights to the work.<\/li>\n<\/ul>\n
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          Exclusive and non-exclusive licenses: the difference<\/h2>\n\n\n\n\n\n\n\n
          Feature<\/th>\nExclusive license<\/th>\nNon-exclusive license<\/th>\n<\/tr>\n<\/thead>\n
          Number of licensees<\/td>\nOne. The creator cannot license the work to anyone else.<\/td>\nUnlimited. The creator may license the work to any number of parties.<\/td>\n<\/tr>\n
          Form of agreement<\/td>\nWritten, under penalty of invalidity.<\/td>\nAny form, although written form is recommended.<\/td>\n<\/tr>\n
          Licensee\u2019s position<\/td>\nExclusive access to the work.<\/td>\nShared access.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
          \n

          When to choose a license and when to assign rights<\/h2>\n

          There is no single answer. The choice depends on your business model and your role in the project.<\/p>\n

          Choose a license if:<\/h3>\n
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          • You are building a SaaS product or application<\/strong> for many users. Each user receives a license while you retain the rights.<\/li>\n
          • You want to develop, modify and make the work available<\/strong> to other parties.<\/li>\n
          • You need flexibility<\/strong>, since you can grant a non-exclusive license to several parties at the same time.<\/li>\n<\/ul>\n

            Choose an assignment if:<\/h3>\n
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            • You run an IT company and acquire rights<\/strong> from collaborators so you can continue developing the solution yourself.<\/li>\n
            • You create part of a larger work commissioned by a client<\/strong>, and an assignment lets you later license or transfer the rights to the end client.<\/li>\n
            • You need full control<\/strong> over the work without license restrictions.<\/li>\n<\/ul>\n