According to Article 4 of the Law of the Republic of Belarus No. 262-З of May 17, 2011 'On Copyright and Related Rights', a work made for hire is created:
- on the employer's instructions;
- within the scope of employment.
In this case, in the event of a dispute, it is the employer, as the party who can more easily collect and present evidence, who must prove the work's status as a work made for hire. This can be done using the employment contract, local normative acts (LNA), internal labor regulations (PVTR), orders, correspondence, and witness testimony.
What influences a court's decision?
Courts do not confine themselves to a formal analysis of documents, but examine the substance of the relationships between the parties.
For example:
- Creating a work during working hours or using the employer's equipment does not guarantee its recognition as a work made for hire.
- Creating a work outside of working hours or using personal equipment is not an absolute basis for considering it a non-work-made-for-hire.
Important: the totality of the facts plays a decisive role in the court's decision-making.
What to do?
It is necessary to carefully examine the practice of creating works within the organization, assess the risks, and choose the correct protection mechanisms. The range of issues for analysis includes:
- job responsibilities of the employee;
- place of work;
- work outside of working hours;
- source of equipment and resources used;
- possibility of employer's control over the work;
- correlation between the nature of the work and the employer's line of business;
- purpose of creating the work;
- communication channels and methods of formalizing the assignment and work results;
Specialists from Lawyer City Law Firm will help you understand the nuances and protect your rights.