Legal entities as subjects of copyright in COESCCI

With the promulgation of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation in the Ecuadorian legislation, a new labor-intellectual regime emerges, which grants to the worker the full enjoyment of the author's rights over the work and the cession as a derivative holder to the legal entities or employers. If the employer makes investments, provides creative employment opportunities that would not otherwise exist, organizes the production of the working materials, the distribution, and the salaried"author" receives a salary from the employer; the employee's creation is the consideration he/she has to pay for the salary he/she receives. It would go against the principle of equivalence of benefits if, in addition to receiving a salary, the salaried author were to receive the economic faculties derived from his creation: the salary already remunerates the author for his ideas and creations. The question arises: Who can exercise the author's right: can a legal person be the author or original owner of an intellectual property work?

Autorentext

Ab. Geminis Neidi Oñate PizaEscritor & EducadorNascido no Equador-Prov. Los Ríos, Babahoyo.Licenciado pela Universidade Laica Vicente Rocafuerte de Guayaquil.