CRITERIA FOR DISTINGUISHING EMPLOYEE-CREATED AND COMMISSIONED JOURNALISTIC WORKS

Abstract

The thesis examines the problem of determining whether a journalistic work was created within the scope of employment duties or under a separate commission. The Uzbek rules governing employee-created works and commissioned copyright contracts are compared with German and United States law. It is argued that the mere existence of an employment relationship does not make every journalistic material an employee-created work, while a commissioner’s requirements concerning the subject and result do not automatically turn an author into an employee. The study develops criteria based on the legal relationship, source of the creative assignment, organisational subordination, nature of remuneration and allocation of economic rights.