Open AccessThe Right to Flat-Rate Compensation for an Employer’s Infringement of an Employee’s Economic Copyright
Author(s) -
Sebastian Kwiecień,
Wioletta Witoszko
Publication year - 2022
Publication title -
białostockie studia prawnicze
Language(s) - English
Resource type - Journals
eISSN - 2719-9452
pISSN - 1689-7404
DOI - 10.15290/bsp.2022.27.01.14
Subject(s) - remuneration , compensation (psychology) , payment , business , work (physics) , law and economics , compensation of employees , law , actuarial science , labour economics , economics , finance , political science , engineering , psychology , mechanical engineering , psychoanalysis
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.