Copyright in work created by an employee in accordance with the legislation of EU Member States

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Authors: Valentyna Trotska
Cited by: 0

Abstract

The article is devoted to a comprehensive analysis of the laws of EU Member States on the economic rights to works created by employees. The article examines the parties to the employment relationship: the employee, who is also the author, and the employer, and considers their different categories. Discrepancies were found in the norms of States describing the conditions for the transfer of economic rights by an employee and their acquisition by an employer. It has been established that the acquisition of economic rights by the employer may be carried out either automatically based of the law or under the contract (employment or civil law contracts), unless otherwise provided. In the event of the non-use or insufficient use of the works by the employer, the economic rights acquired by the employer may be transferred to the employee after a certain period of time (two or five years). The article pays particular attention to the issue of the remuneration for the employee's work (salary), as well as the results of his creative activity, which provides for the payment of appropriate and proportional remuneration.

Fields of Study & Subjects

Intellectual Property Law Intellectual Property Rights and Media Law AI and Intellectual Property

Publication details

Journal / source
Theory and Practice of Intellectual Property
Volume
1
Pages
28–39
Publication date
1 January 2026
Language
EN