THEORETICAL AND PRACTICAL ASPECTS OF EXCLUSIVE RIGHTS TO A WORK MADE FOR WORK IN THE EDUCATIONAL SPHERE

Abstract

Purpose. The purpose of the article is to study the establishment of fundamental facts that determine the possibility of creating an official work in the educational field, as well as to identify the main mechanisms for protecting the rights of subjects of emerging legal relations, which is due to a number of prerequisites characterizing the relevance of the stated topic. Among them, the gradual commercialization of education and the growing need to protect the results of intellectual work of authors are noted. The subject of the study is regulatory legal acts that establish and disclose the specifics of the grounds for the emergence of an employer’s exclusive rights to an official work, as well as practice-oriented materials in the context of the field under consideration. Methodology. The research is based on general scientific methods (analysis, synthesis, deduction, induction, comparison, modeling) in combination with special legal methods (formal legal and comparative methods, method of interpretation of law, method of state and legal modeling). Results. The results of the work consist in the established facts, the presence of which is recognized as mandatory when creating an official work in the educational field, as well as in the identified prospects for the development and implementation of specialized local acts in the activities of educational institutions. Practical implications. The results of the study can be applied in the educational sphere in the context of the development and implementation of local acts in the activities of educational institutions providing for a written notification of the creation of an official work by an employee.

Keywords

• result of intellectual activity
• employment contract
• works for hire
• copyright of employee
• exclusive rights of employer