The effectiveness threshold of a dismissal is quite high. The burden of proof lies with the employer and workers can challenge a dismissal in court. To be effective, the claim must be filed within three weeks of access to the termination. If the case is not resolved, the Tribunal can only decide that the termination is effective (duly substantiated) or that it is not effective. If the dismissal is effective, the employment relationship ends at the end of the notice period and the employee is not entitled to severance pay (unless there is a social plan or collective agreement providing for severance pay). If the dismissal is not effective, the worker must return to his previous position and is entitled to an additional payment from the expiry of the notice period. An author has the inalienable right to terminate a copyright transfer 35 years after the approval of the final copyright waiver.  However, according to the U.S. Copyright Office, Circular 9, “the termination provisions of the law do not apply to works made for rental purposes.”  These restrictions, both in the labour doctrine for trade and in the right of termination, consist in recognising that artists often face unequal bargaining power in their commercial relations. Nevertheless, the absence of an employment contract by mandated organizations can lead to difficult situations. One example is the 1985 Portlandia statue by artist Raymond Kaskey, an iconic symbol of the city of Portland, Oregon. Unlike most public artworks, Kaskey has strongly banned the use of images of the statue located on the main entrance of the famous Portland Building.
He sued Paramount Pictures for recording the statue in Madonna`s film Body of Evidence. It is an exception to the general rule that the person who actually creates a work is the author of that work recognized by law. Under U.S. copyright law and certain other copyright jurisdictions, the employer – not the worker – is considered a legitimate author when a work is “produced for hire.” In some countries, this is called corporate authorship. The legal person that serves as an employer may be a corporation or other legal person, an organization or an individual.  When determining whether an agent is a staff member in accordance with the Agency`s general customary law, we take into account the issuer`s right to control how the proceeds are obtained and the means to achieve it. . . .