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Valery2013-05-21 14:17:54
Law in IT
Valery, 2013-05-21 14:17:54

Is there a non-disclosure agreement for my copyright?

Good afternoon,

can a company, when hiring an IT employee (for example, a programmer), conclude an agreement with him in such a way that outside the company he can’t even say “I worked on this program” (made in the company, of course)?

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3 answer(s)
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Ethiopian, 2013-05-21
@Ethiopian

Article 1295. Employee work
1. Copyright to a work of science, literature or art, created within the limits of the work duties established for an employee (author) (official work), belongs to the author.
2. The exclusive right to an employee's work belongs to the employer, unless otherwise provided by an employment or other contract between the employer and the author.
If the employer, within three years from the day when the employee work was placed at his disposal, does not start using this work, does not transfer the exclusive right to it to another person, or does not inform the author about keeping the work secret, the exclusive right to the employee work belongs to the author.
If the employer, within the period provided for in the second paragraph of this paragraph, begins to use the employee's work or transfers the exclusive right to another person, the author has the right to remuneration. The author acquires the said right to remuneration also in the case when the employer has decided to keep the official work secret and for this reason has not started using this work within the specified period. The amount of remuneration, the conditions and procedure for its payment by the employer are determined by the agreement between him and the employee, and in the event of a dispute - by the court.
3. In the case when, in accordance with paragraph 2 of this article, the exclusive right to an official work belongs to the author, the employer has the right to use such a work in ways determined by the purpose of the official assignment and within the limits arising from the assignment, as well as publish such a work, if an agreement between him and the employee does not provide otherwise. At the same time, the right of the author to use the employee work in a way that is not determined by the purpose of the official task, as well as at least in a way determined by the purpose of the task, but beyond the limits arising from the employer’s task, is not limited.
The employer may, when using an official work, indicate his name or designation or require such indication.

As far as I understand, no one can take away your copyright. Accordingly, such an agreement would be illegal.

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Andrey, 2013-05-21
@RedOctoberCZ

The non-disclosure agreement is called an NDA, and they can be pretty strict . So yes, it is theoretically possible. Another question is whether you will sign such an agreement.

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Igor Sukhinin, 2013-05-21
@fuzzy

Maybe it's completely legal. Copyright belongs to the company unless you are an employee of the company and unless otherwise noted.

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