Concept and signs of official works

Abstract

The article is devoted to the concept and characteristics of works created in the course of employment. Particular attention is paid to issues of legal regulation of creative contributions, determination of the scope of property rights and remuneration, as well as ensuring a balance between the interests of the state and the author (creator). Attention is drawn to the inconsistency of terminology in legislation, in particular the use of two terms: “works created in the course of employment” and “object created in connection with the performance of official duties”. It is emphasised that in the legislation of different countries, the interpretation of a work created in the course of employment depends on the state of economic relations and national traditions in the field of creative activity.

It is emphasised that a work for hire is not only the result of the creative, intellectual work of an employee, but also the product of organisational, material, technical and legal interaction between the employee and the employer. This indicates that a work for hire does not arise in isolation, but is the result of systematic coordination of activities and resources provided by the employer. The main feature of a work created in the course of employment is that it is created in connection with the performance of official duties, which gives rise to complex legal relationships in the field of works created in the course of employment. The scope of the employer’s powers with regard to a work created in the course of employment depends on the field of its use, in particular in the activities of military personnel and in the IT sector.

Attention is focused on current judicial practice regarding property copyrights to works created in the course of employment, in particular on the legal positions of the Supreme Court, which confirm the preservation of copyright protection for works created in the course of employment regardless of their inclusion in official documents. The need for clear contractual and regulatory regulation of the legal regime for works created in the course of employment, taking into account the specifics of the individual areas of their creation and use, is justified.

The following characteristics of a work for hire are highlighted: the presence of all the characteristics of a work; creation in connection with the performance of labour (official) duties provided for in the employment contract, job description or separate instructions from the employer; the purpose of the task of creating the work is in the interests of the employer; the possibility of creating the work using the employer’s material and technical resources. The article is of practical importance for improving legislation in the field of works created in the course of employment and for developing effective mechanisms for their legal protection and use.