Ownership of Copyright in Works Created During Employment Relationships

Authors

  • Naim Spahiu Phd Can.Lecturer at University of Prizren “Ukshin Hoti” Law Faculty,
  • Ana Isabel Couto

DOI:

https://doi.org/10.26417/ejes.v8i1.p186-189

Keywords:

Copyright, employee, employ motivation, law, Kosovo.

Abstract

The copyright in its infancy was provide protection only for the category of works of fine art but challenges followed by creations immediately should be undertaken measures regarding copyright during employment relationship. When authors of creations have seen the benefit of copyrights, they have risen their voice and acted to protect their creation. Therefore, it is very important that employers and employees with employment contract or agreement later make accurate determinations and clearly define their agreement. Law on Copyright in Kosovo almost every provision cited in this article has left open the possibility of defining many issues between parties, such as the expiration of period of rights to the employer, extra compensation etc. In the absence of clear contractual provisions shall apply copyright, and companies, that have invested heavily in a certain work, will lose right after the expiration of 10 years and all contracts that are associated with third parties, other-companies for allowing the use of a work after this deadline will be invalid because a party cannot achieve the right of copyright. This situation could cause many problems in the future for Kosovo companies which do not have much knowledge about the legislation in the field of copyright and do not take precautions to regulate the issue of transfer of rights to their employees. This Article discusses the idea ownership issue in the context of employment and independent contractor relationships. The paper recommends that since copyright is not familiar with the business regarding changing performance, therefore Kosovo laws should adequately support these circumstances of ownership in order for employees to give their best on his career. How employees could be owners of copyright. Which particular articles of Kosovo law on copyright should change?

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Published

2017-05-19