Intellectual Property Rights: The Ownership Conflict between Employer and Employee

Author: Muskan Mahajan, Student, Amity Law School, Delhi Guru Gobind Singh Indraprastha University, Delhi, India

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Abstract This article explores the ownership conflict in copyright arising between the employer and the employee. As copyright is a bundle of rights it raises important questions on the ownership and authorship of the work created. Generally, the author or those deriving rights from the author can rightfully claim copyright. However, an exception to this principle is work made for hire. In case of work made for hire, an employer is considered the author even if an employee created the work. The paper addresses various legal dilemmas spurred up in the course of employment in the context of copyright ownership. Due to the pandemic, work from home has created new issues of ownership in the copyrighted work. As such this article concludes that fair dealing or fair use of the copyrighted materials may combat the arising issues. Further, emphasizes has been laid on a written agreement to avoid future disputes in copyright ownership in the course of employment. Keywords: Copyright ownership, work-for-hire, IPR protection, Covid-19.

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