ARTISTS AND COPYRIGHT: ITS INSERTION IN THE CONTRACT OF EMPLOYMENT

Abstract

The present paper studies the juridical relationship between artists, who develops their activity as employees, and their employer. Particularly the paper deals about the intellectual propriety rights arisen as a consequence of the above mentioned activity: how these rights are transmitted to the employer for its commercialization, a basic question to be solved as neither the RD 1435/1985, of August 1 (regulating the Labour Relation of the Artists in Public Spectacles) nor the Intellectual
Property Act they are clear about this matter. In fact, labour regulation does not even mention the matter, in spite of its vital importance for the parties of the contract as the economic income that the employer intends to get is not drawn from the artistic activity, but from its commercialization, what requires the employer to have these intellectual rights at their disposal.