Intellectual property on computer programs created as a result of execution of an employment agreement (contract).

Abstract

The article examines the legal regulation of the use of computer programs by combining economic and civil legislation. The author notes that the contractual aspect is decided by the norms of commercial law, while the legal status of the author and the legal regime of the computer program are determined by civil legislation. Special attention is paid to the resolution of copyright issues for computer programs created in connection with the performance of an employment contract. The author believes that such issues should be settled with the help of a civil law contract. In areas where the duties of employees involve the creation of computer programs in the process of performing a labor function, it is recommended to use local legal acts, such as regulations, standard contracts, etc. It goes on to say that an employer may have certain powers in relation to copyright, in particular, to require the preservation of the integrity of the work and to prevent its distortion or alteration. In addition, the employer has the right to demand that the author’s name be indicated on all copies of the work and that his name be mentioned when the work is used. Summarizing, the article calls for the establishment of a clear regulation of relations regarding the use of computer programs, in particular, by combining economic and civil legislation. The author emphasizes the importance of concluding civil law contracts in cases where computer programs are created within the framework of labor relations.Such contracts, together with local regulations, will help resolve copyright issues and establish the employer’s authority to use the works.In addition, the article emphasizes the need to ensure a balance between the interests of the authors of computer programs and the rights of employers. On the one hand, authors should be ensured recognition of their creative contribution, protection of copyright and recognition of their right to determine the further use of their works. On the other hand, employers have the right to reasonably use works created by employees as part of their work duties, for the purpose of business development and ensuring the efficient operation of the company. Legal regulation of relations on the contractual use of computer programs should contribute to the creation of a clear legal framework that ensures the protection of the interests of all parties and promotes the development of an innovative environment in the field of software.