Since computer programs are regulated by law in the Copyright Act (UrhG), an author of computer software can also invoke all regulations of copyright law. The Higher Regional Court of Hamm (OLG Hamm), in its judgement of 07.08.2007, file number 4 U 14/07, therefore also assumed a naming right for programmers.
In principle, according to Section 13 UrhG, every author has the right to recognition of his or her authorship of the work he or she has created. The author and thus creator of a work is the person who has actually produced the personal intellectual creation.
In the case of software programming, the programmer who creates the software is thus the creator and author of this software. Insofar as the programmed software programme has the necessary individuality and depth of creation within the meaning of Sections 2 II, 69 III UrhG and is therefore to be regarded as a work within the meaning of the Copyright Act, the creating programmer may assert his copyrights to the software he has created under the Copyright Act (UrhG).
A programmer therefore also has a right under Section 13 UrhG to recognition of his authorship of the work (software) he has created.
Supplemented by the further prohibitions on distortion and alteration in Sections 14, 39 UrhG and the obligation to indicate the source in accordance with Section 63 UrhG, a programmer can thus defend himself if another person refers to the software he has created as his own or does not name him as the author and creator of the software.
Although the Higher Regional Court of Hamm stated that a computer programmer could certainly waive his right to the use of his name, it also stated that strict requirements had to be placed on this waiver in order to protect the author. The Upper District Court stated that a tacit waiver of the right to use a name could not be assumed in principle without corresponding statements in a contract. Even from the granting of comprehensive and exclusive rights of use and exploitation, the right of the contractual partner to remove the references to the author of the software or to change the copyright notice could not be concluded.
If you have any questions on this topic, please do not hesitate to contact Goldberg Rechtsanwälte.
Goldberg Attorneys at Law, Wuppertal-Solingen 2008
Attorney at Law Michael Ullrich, LL.M.(Information Law)
m.ullrich@goldberg.de
