Know your Rights
Immaterial property rights; copyright and
patent. When working at the universities, employees
often create certain pieces during their work that
will be protected by copyright. Sometimes employees
also make inventions that may be patented.
According to the law, the employer is entitled to
apply for a patent for the invention an employee has
invented as a part of their work tasks. However, the
employee is always entitled to a fair and adequate
compensation for the invention. Even if a written
contract says otherwise, the employee is still entitled
to compensation, the contract just is not valid
for that part. The law clearly states that the employee
may not relinquish their right to the compensation
for a patent in beforehand.
A person who has created a literary or artistic
work shall have copyright therein, whether it be a
fictional or descriptive representation in writing or
speech, a musical or dramatic work, a cinematographic
work, a photographic work or other work
of fine art, a product of architecture, artistic handicraft,
industrial art, or expressed in some other
manner.
Unlike with inventions, the employer does not
by law get a right to the piece the copyright protects.
However, the employer may get a right to use
the piece in their own practice to some extent. The
Copyright Act also does not automatically award any
compensation to the employee, even if the employer
may use the copyrighted item. Unless the parties
have agreed upon a compensation, no compensation
by law is awarded automatically.
In most cases it is wise to have a contract about
IPR before entering an employment relationship,
especially in the more creative line of work. However,
sometimes the IPR contracts offered by the
employer when signing the employment contract
are not fair to the employee. They may also be even
invalid, at least in some parts, because they for example
deny the employee's
right to compensation for an
invention, or the terms of the
contracts in general are too
unfair somehow. Often the
employee also does not fully
understand the whole content
of the contract and this can lead to misunderstandings.
Usually the employer offers the copyright or
immaterial property right contracts as the employment
contract is signed. Sometimes the employer
may try to offer a contract during already existing
employment relationship. In these cases, beware
that the employee is by no means not obliged to sign
such a contract.
If you are unsure whether to sign a copyright
contract, or whether the terms of the contract are
fair, you can always ask the Union to look at it before
you sign. Or if you have already signed a contract
and want to make sure what is agreed upon, you can
also contact the Union.
text Mia Weckman
lawyer, the Finnish Union of
University Researchers and Teachers
- Painetussa lehdessä sivu 40
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