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Author: Lena Marcinoska-Boulangé

Lena Marcinoska-Boulangé
Posted on Categories employment contract, intellectual property

Are provisions regulating copyrights necessary in employment contracts with staff?

Employers frequently find no need to include provisions in employment contracts that regulate copyrights to work produced by an employee. They rest on the general principle that the employer automatically acquires economic copyrights to work created in the course of performing assigned tasks1 or that the right to them arises to his benefit by law (as in the case of computer software)2. Therefore, regulations in an employment contract are unnecessary. This is obviously true to a certain degree. The devil nevertheless lies in details. If an employer solely rests on statutory provisions, he may not obtain complete security and full rights that could be secured if certain matters were contractually stipulated.

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