ПРАВНИ РЕЖИМ АУТОРСКИХ ДЕЛА СТВОРЕНИХ У РАДНОМ ОДНОСУ У ПРАВУ СРБИЈЕ И МАКЕДОНИЈЕ
Works of Authorship created at Work in the Legislations of Serbia and Macedonia

Summary/Abstract: In addition to the works of authorship created by a private individual, there are works of authorship created in the course of employment which are a result of the author’s (employee’s) performance of specific activities, duties and obligations at work. Given the fact that the creation of such works of authorship involves two persons (the employer and the employee) whose contribution to the work may substantially differ in terms of their financial, technical and intellectual involvement, there is a question concerning the method of exercising a fair and legitimate allocation of authorities stemming from the corpus of the subjective authorship right. In this paper, the authors deal with the legal regime governing such works of authorship in the Serbian and Macedonian intellectual property legislations. The common feature in these two legislations is the legal solution which specifies that the employer is a derivative holder of the subjective authorship right ex lege. Thus, the employer is entitled to the right to publish the work of authorship as well as the right to take economic benefits from the work, but these rights are subject to a number of limitations. The author (employee) is entitled to all other authorship rights and authorities, including the right to receive a fair compensation which shall be proportionate to the effects of using the work of authorship.

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