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If an employee creates a creative work (a website, text, or design) during their employment, the copyright usually rests with the employer — the employer's copyright under Article 7 of the Copyright Act. This applies only if creating such work is part of the employee's duties and the employer had control over the form. In the case of freelancers, however, the right rests with the freelancer, unless a transfer has been agreed upon. Furthermore, the client never automatically acquires the right — so record any transfer in writing.
When an employee creates a creative work, it is held by copyright. The question is who the rights holder is: the employee, the employer, or the client? The answer lies in the Copyright Act, with a role for the courts.
Copyright belongs to the creator in principle
According to the Copyright Act, copyright belongs to the creator (or their successors in title). Only the rights holder may make the work public or reproduce it, or grant permission to another party to do so. The right can, however, be transferred — through inheritance, or by agreement, for example by sale or an (exclusive) license.
Employer copyright
Article 7 of the Copyright Act stipulates that the copyright to work created during employment belongs to the employer. However, case law sets conditions:
- There must be an employment contract (work for wages). This does not apply to a freelance agreement — in that case, the freelancer holds the copyright in principle, unless the agreement explicitly stipulates transfer to the client.
- Creating the work must be part of the employee's duties. If an administrative employee paints during working hours, the employer can disapprove but cannot claim copyright — whereas they can in the case of a creative employee with that set of duties.
- The employer must have had control over the form in which the work was produced.
The content of the employment contract also counts: you can agree that Article 7 does not apply, in which case the right remains with the employee.
Make agreements regarding copyright
Therefore, the employer is often the rights holder — but the right does not automatically transfer to the client who pays the employer. If the client wishes to have free disposal of the work, written agreements are necessary. Therefore, ensure clarity in agreements regarding who holds the copyright, to whom it is transferred, and exactly which rights apply.
Frequently Asked Questions
Who holds the copyright to an employee's work?
Usually the employer (Article 7 of the Copyright Act), provided that creation is part of the employee's duties and the employer had control over the form. A different agreement may be stipulated in the employment contract.
Does this also apply to freelancers?
No. In principle, a freelancer retains the copyright. If you, as the client, wish for this, explicitly stipulate the transfer in the freelance agreement.
Does the client automatically acquire the copyright?
No. Paying for the work does not confer copyright. Written agreements regarding transfer or licensing are required for that.
Have copyright agreements drawn up
The copyright specialists at MKB Juristen legally document rights transfers and licenses in your employment or contract for services. Schedule an intake meeting .
