Alexandru Cristian Ștrenc
In the continuation of the study presented in the previous issue of the magazine regarding the legal protection of service inventions, the authors provide a number of clarifications regarding the concept of employee and its scope, the employer’s possibility to organize its innovation activity, the notification procedure, and the specific rights of the employer and of the employee inventor.
This study tries to highlight the necessity of an awareness of the right of access to the public domain, particularly using the example of works whose protection period has expired, as well as the ones which the law considers to be excluded from protection. Such works are used not only by large libraries from around the world, but also by rights holders, via different means of use, including incorporations into original works or adaptations. However, the reuse that follows these uses often only remains at the level of concept, as the notion of the public’s right of access to public domain works is not substantiated, nor is the notion of the correct or legal use of such works. All of these express an existing danger to the public domain.
The public domain materials are threatened not only by private appropriation, but also by other means of restriction, such as the use of different technological protection measures. The evolution of information society itself also draws some limits to public domain works, since certain legislative changes or court decisions have led to a narrowing of the public domain sphere, by considering some material/information, which are by nature excluded from protection, as being protectable, such as functioning methods, or simple data.
These are the circumstances that call for a public domain protection. The protection I discuss in this study is in fact a form of safeguarding the rights that every person holds over public domain materials, which belong to everyone and over which we all have rights.
* Student doctorand în cadrul Universității Nicolae Titulescu, București
The most important purpose of copyright law is the creating of the legal balance between the interests of authors, users, and the public. Because of this aim the Act LXXVI of 1999 on Copyright (henceforward: Copyright Act) includes many warranty regulations for the parties, especially for authors.
The Section 48 of the Hungarian Copyright Act declares the so-called ’best-seller clause’, which is one of the most important warranty legal institution. The legal regulation is the following: „According to the general provisions of civil law, the court may amend the license agreement even if such an agreement infringes the author’s substantial lawful interest in having a proportional share in the income resulting from the use because the difference in value between the services provided by the parties becomes strikingly great as a result of the considerable increase in the demand for the use of the work following the conclusion of the agreement.”
According to a regulation of the Copyright Act, the provisions of the Civil Code shall be applied to matters not regulated by the Copyright Act. Because of this regulation, certain provisions of the Copyright Act shall be interpreted in accordance with the relevant regulations of the Civil Code.
The second article from the series “The assignment and licensing in the field of intellectual property rights” is dedicated to the transfer contracts of such rights.
The article analyzes the economic rights in a work created for the fulfillment of job duties specified in an individual employment contract, the contract of commissioning future works and the publishing contract. The theatrical or musical performance contract, the contract for the rental of a work and the contract for audiovisual adaptation will be analyze separately in another article. Also, the article analyzes the general conditions applied to the 3 contracts and the special conditions provided by the Law no. 8/1996 on copyright and related rights.
The article underlines the importance of the publishing contract as the most common way to exploit the rights of the author, hence the rules of this contract offer solutions that can be applied by similarity to other contracts that assert the rights of the author.
The resale right is an integral part of the copyright and represents a key prerogative of the authors of visual art works; however, the doctrine of the country where it was born rightfully says that it is a strange right. The resale right is not, like in the matters of common law, a right to authorise or to prohibit the use of the work, and is not the product of the expression of the will of the author of the work, but a possibility to obtain a percentage from the subsequent resale of the medium in which the protected visual art work is incorporated.