In today’s landscape, intellectual property, especially copyrights, has become more crucial than ever for the success and sustainable development of businesses. The issue of assigning tasks to employees to create work and recognizing ownership copyrights is increasingly important to protect the rights and legitimate interests of businesses.
Below are 5 important considerations for businesses regarding copyrights created by employees.
1. Limitations of Copyright Owner’s Rights
If an employee creates work as part of the tasks the company assigns during their employment, the company owns the copyrights to that work. Unless otherwise As agreed, the copyright owner, which is the company, has the following rights:
- Personal rights:
- Publishing the work or allowing others to publish the work;
- Naming the work (if agreed) upon by the employee).
- Economic rights, including:
- Creating derivative works
- Performing the work in public;
- Reproducing the work;
- Distributing or importing originals or copies of the work;
- Communicating the work to the public by means of wire, wireless, electronic information network, or any other technical means;
- Leasing the original or copies of cinematographic works and computers programs.
- Additionally, businesses should also be aware of some activities that the author, who is the employee, has the right to perform, including:
- Naming the work (if the company has no other agreement with the employee).
- Using their real name or pseudonym on the work; being mentioned when the work is published or used;
- Publishing the work or allowing others to publish the work (depending on the agreement with the company);
- Protecting the integrity of the work and preventing others from modifying, cutting, or distorting the work in any form that could harm the honor and reputation of the author.
Thus, when managing and using the works of employees under copyright, companies need to be aware of their limitations to avoid infringing on the personal rights of the authors, while recognizing the scope of copyright ownership protected by intellectual property law to effectively use and protect their legitimate rights and interests.
2. Clearly Define Copyrights in Employment Contracts
One of the most effective preventative measures to protect the company’s copyrights with employees is to clearly define intellectual property ownership from the beginning of the employment relationship and specify the rights and obligations of each party in the employment contract.
Additionally, the employment contract should clarify the responsibilities of employees in tasks such as signing documents and providing necessary documents to support the copyright registration process, and completing copyright registration applications. When registering copyrights, the author needs to provide personal documents as well as sign commitments or declarations about copyrights to support the registration process with the competent authority.
Clearly defining these aspects in the employment contract helps prevent misunderstandings between employees and the company regarding the ownership of creative works, creating a solid legal foundation to resolve potential legal disputes with employees and third parties, and facilitating effective intellectual property management for the company.
3. Internal Policy Regulations
Besides the employment contract, establishing policies and internal regulations related to copyrights within the company is also an indispensable part of the company’s management process. These policies have not only a solid legal foundation but also an important step in shaping and maintaining a transparent and fair working environment.
Describing the work assignment process, reporting, acceptance, evaluation, and management of creative works created by employees is essential. These internal regulations should detail the process for reporting new ideas or inventions. for determining ownership and usage rights of creative works, and the methods for distributing and using them in the company’s business activities.
This helps create an effective intellectual property management system while fostering a transparent and fair working environment where both the company and employees understand their rights and obligations.
4. Recognition and Remuneration
Although the ownership of the work belongs to the company, recognizing and having appropriate policies related to remuneration and bonuses for employees who have created works can be a significant motivation for creativity and innovation within the company. Good remuneration policies not only enhance work morale but also promote a positive work culture where the value of each individual is recognized and appreciated.
Employees will feel encouraged and valued, thereby increasing their commitment and effort in their work, improving the quality and performance of employees, and also being a measure to retain talentand attract new talents. When employees feel recognized and valued, they will be happier and more satisfied with their work, thus staying with the company and creating a stable working environment.
5. Non-Disclosure Agreements and Non-competition Commitments
Finally, signing confidentiality agreements and non-competition clauses with employees is also It is advisable to protect the intellectual property of the business.
Signing these documents ensures that confidential information and creative works are not disclosed or used improperly not only during the employment period but also be effective even after the employee leaves the company, limiting the possibility of employees using this intellectual property to compete unfairly with the company in the future.
In conclusion, managing copyright and intellectual property assets in a business requires strategy, attention, and understanding of the law, as well as efforts to implement preventive measures through labor contracts, internal policies, and other legal agreements. In this way, the company not only protects its valuable assets but also creates a fair, transparent, and conducive working environment for employees’ creativity.
Managing copyright within a company requires not only legal knowledge but also clear strategies and consistent action. By building a solid system to protect intellectual property, businesses can lay the groundwork for long-term innovation and sustainable growth.
At PLF Law Firm, we accompany businesses throughout the journey of building, developing, and protecting their intellectual assets — from strategic consulting to practical legal support.
If you are seeking comprehensive legal solutions on copyright matters, don’t hesitate to contact us for a free 30-minute consultation:
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