Transfer of copyright. What do you need to know?

When creating an employment contract for an employee performing creative work, we need to keep in mind a few key aspects regarding the transfer of copyright.

Firstly, the obligations of such an employee must be precisely defined, as the transfer of copyright will not take place if the work is created outside of the employment relationship. It is important that the employee is obliged to carry out creative work and that the areas of this work are precisely listed, specifying the manner in which the works are to be used, as well as obtaining permission to exercise derivative copyrights in the development of the work.

It is also worth considering including provisions on how and when the work will be accepted from the employee, setting a time limit for dissemination of the work, additional compensation for the creation of the work, making corrections and implementing the employer’s comments. Consideration should also be given to issues relating to the exercise of the employee’s moral rights, the recording of time spent on creative work and the acquisition of the medium on which the work is fixed.

Additional provisions governing the legal relationship may be included in the employment contract, in accordance with the intention of the parties.

In the employment contract, be sure to:

• listing, as precisely as possible, the employee’s duties – the transfer of copyright will not take place if the employee creates a work outside of the employment relationship;
• the obligation of the employee to carry out creative work;
• listing the fields of exploitation defining the uses of the works;
• authorising the exercise of derivative copyrights over developments of the work.

You may also include provisions on:

• specifying how and when the work is to be accepted from the employee;
• A time limit for distribution of the work;
• any additional compensation in relation to the creation of the work;
• amendments, implementation of the employer’s comments on the work;
• issues related to the exercise of the employee’s moral rights;
• how to keep records of the working time devoted to creative work;
• questions concerning the acquisition of the medium on which the work is fixed.

It is not excluded to include other provisions regulating the legal relationship in the employment contract – it all depends on the intention of the parties to the contract according to which they want to arrange it.

It is also possible for the workplace to adopt creative work regulations, to which the employment contract will refer with regard to provisions regulating specific issues related to the duties of creative workers and employers.