Zaripova Z.R., Shcherbakova I.V. Exercising of the Exclusive Right to a Work Made for Hire: Sociolegal Aspects. Pravo intellektual'noy sobstvennosti [Intellectual Property Law], 2019, Issue 4, pp. 25-29.

Abstract

Purpose. The paper focuses on the problem of contradictions between employees and employers as participants of both “vertical” (labor) and “horizontal” (civil) relations concerning work for hire. The study reveals legal opportunities to overcome the inequality between employer and employee at implementation of exclusive rights to work for hire. Methodology: the authors propose the social and legal approach to the analysis of work for hire as legal institute. Such approach allows not only to identify the scope and the content of rights and obligations of participants of legal relationship, but also to evaluate the possible social effect of various models of legal regulation. Conclusions. The authors come to the conclusion that the balance in the legal status of the author of work for hire and his employer can be achieved by additional guarantees for an economically dependent employee. These guarantees are (1) establishment of possibility of judicial compulsion of the employer to the conclusion of the agreement with the author on ownership of the exclusive rights to work for hire; (2) introduction of changes in the Civil Code of the Russian Federation in the part of rules of calculation of the size of remuneration; (3) the legal rule for the term, during which the employer has to pay remuneration. Moreover it should be considered probable socioeconomic effects of legal regulation of the institution of work for hire. The authors suppose, that the development of certain sectors of the economy and the growth of professionalism of employees are the most compromise choice for both the author and the employer.