Doubts concerning the interpretation in the light of Art. 12 of the Act on Copyright and Related Rights

Works of the employee are subject to special regulation determined by the Copyright and Related Rights Act. Using strictly legal & employee terms, such as employee, employer or employment agreement within the Copyright and Related Rights Act, the legislator is obliged to maintain coherence. However, as it turns out, such term as employment agreement, understood in the labour law as one of the bases of establishment of the employment relationship, in the opinion of the representatives of the copyright doctrine is a synonym of the employment relationship. These two extreme scopes of the name ‘employment agreement’ raise serious interpretation doubts that will be analysed in this article.

Works of the employee are subject to special regulation determined by the Copyright and Related Rights Act. Using strictly legal & employee terms, such as employee, employer or employment agreement within the Copyright and Related Rights Act, the legislator is obliged to maintain coherence. However, as it turns out, such term as employment agreement, understood in the labour law as one of the bases of establishment of the employment relationship, in the opinion of the representatives of the copyright doctrine is a synonym of the employment relationship. These two extreme scopes of the name ‘employment agreement’ raise serious interpretation doubts that will be analysed in this article.