<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The issue of determining the amount of flat-rate compensation for an employer’s infringement of an employee’s copyright of their own work remains disputed, particularly in practice. It is a claim for payment of a sum of money corresponding to twice the remuneration that at the time of its investigation would have been due by way of consent to the use of the work by the rightholder. The article presents a problematic issue regarding the award of compensation to an employee who proves copyright infringement but who is not obliged to determine the type of damage or its extent, nor to prove the fault of the employer.</p>
</abstract>

The issue of determining the amount of flat-rate compensation for an employer’s infringement of an employee’s copyright of their own work remains disputed, particularly in practice. It is a claim for payment of a sum of money corresponding to twice the remuneration that at the time of its investigation would have been due by way of consent to the use of the work by the rightholder. The article presents a problematic issue regarding the award of compensation to an employee who proves copyright infringement but who is not obliged to determine the type of damage or its extent, nor to prove the fault of the employer.

The Right to Flat-Rate Compensation for an Employer’s Infringement of an Employee’s Economic Copyright

Katolicki Uniwersytet Lubelski Jana Pawła II

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The issue of determining the amount of flat-rate compensation for an employer’s infringement of an employee’s copyright of their own work remains disputed,...

The Right to Flat-Rate Compensation for an Employer’s Infringement of an Employee’s Economic Copyright

Published Online: Apr 05, 2022

Page range: 227 - 242

Received: Nov 30, 2021

Accepted: Feb 25, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.14

Keywords
economic copyrights, flat-rate compensation, intellectual property

© 2022 Sebastian Kwiecień et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Right to Flat-Rate Compensation for an Employer’s Infringement of an Employee’s Economic Copyright

Published Online: Apr 05, 2022

Page range: 227 - 242

Received: Nov 30, 2021

Accepted: Feb 25, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.14

Keywordseconomic copyrights, flat-rate compensation, intellectual property

© 2022 Sebastian Kwiecień et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
economic copyrights, flat-rate compensation, intellectual property