However, art. 2 para 3 of the Software Directive caused the German legislator to introduce a clause into the Copyright Act that significantly eases the acquisition of developers’ rights by their employers of developers. Sec. 69b, which is only applicable to software but not to other work categories, implements this EU provision and provides that “[w]here a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all the economic rights in the program, unless otherwise agreed.” Thus, it is presumed that an employer obtains all economic rights in a software program created by an employee as long as the creation of the program occurred within the framework of her obligations as an employee. Two observations: Firstly, the employer does not become the author of the software (as would be the case if it was a work made for hire system) but only obtains the economic rights, that is, the rights needed for the commercial exploitation of the work. The moral rights, however, remain unaffected. Secondly, the presumption can be overcome by individual agreement.