Copyrights for official works created by scientific and pedagogical workers

Abstract

The article is devoted to the research of regulatory approaches regarding the copyright of scientific and pedagogical workers on official works in connection with the adoption of the new Law of Ukraine «On Copyright and Related Rights» on December 1, 2022. In the work, a comparative analysis of the definition of the concept of «official work» under current legislation with the legislation that was in force until January 1, 2023 was carried out, it was determined which works created by scientific and pedagogical workers are subject to the legal regime of official work.
It has been established that the current legislation enshrines the presumption of ownership of property rights of a higher education institution for an official work created by a scientific and pedagogical employee. If there is no provision for changing this presumption in the employment contract (contract), then this can be done by concluding a civil law contract, the parties of which are the institution of higher education and the scientific and pedagogical worker. A conclusion was made about the need to supplement the employment contract (contract) with a condition regarding the property rights of the scientific and pedagogical worker to official works. Attention is drawn to the fact that today the subject of copyright can use the sign of legal protection (©) only to indicate his property rights. The conducted research does not exhaust all problematic aspects of the research topic. We see the prospect of its further study in solving questions, related to the implementation of copyright in this area.