
By Malcolm Bain
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This implies that if a development model of the software of this type were chosen, it would be essential for the authors to reach an agreement, as soon as possible, with respect to the licence that would be applied to the software (as a whole) and the system of exploitation for the resulting work. In collective works, where there is a coordinator, the rights and exploitation of the work as a whole should be clearer and it is the editor who may protect the rights in the collective whole (but not necessarily the contributions).
Additionally, databases are granted protection under a special system with rights parallel to Authors' rights under Directive�96/9/CE, regarding the legal protection of databases (see below). These Directives harmonise to a certain extent (but not fully) the Authors' rights/copyright regimes of EU Member States, providing broad brush similarity between the national legal regimes. There are notable differences, particularly between copyright and Authors' rights regimes with respect to fair use and moral rights, as we will see later.
Authors The author is the individual or human person creating a work. In general, ownership of rights in the work corresponds to the author due to the mere fact of his/her own original creation, by the principle of automatism, without requiring any additional formality or registration. The status and recognition as author of a work (a moral right) is inalienable; it cannot be transmitted between the living or mortis causa, and is not extinguished with the passing of time. It does not become a part of public domain and is not subject to any statute of limitation.