Internet company: right and mistakes
Companies often face legal difficulties in their work. Many substitute the notion of “solve problems as they are received” by postponing it. Problems are better foreseen, methods of solving are better to own. For example, to know what it is possible and impossible to “sign” developers and journalists of the project, and also how to increase assets from conditional hundred thousand to 10 million?
The text was compiled on the basis of a lecture by Pavel Shinkarenko for students of the specialization "Management in the field of Internet technologies" RMA.
When my buddies and I started our own business, everyone wanted to steer something. As a result, our development director, if he developed something, was a thought, because for the most part he was involved in copywriting. The company grew, it took developers who we designed as system administrators and IT-managers. In time, they decided to dismiss the “development director” and a couple of “system administrators”. They came to demand money: the first - for the articles, the second - for the codes. The truth was on their side: they legally had copyrights.
This was a conditional example. But it’s not a fact that you and your company or project will never get into such a situation. It is important to consider what the person working with you will actually do. Write his duties in the contract: if he writes, programs or draws for the company, indicate that his task is to create a so-called. "Official works". And also immediately note that “remuneration for the work of service is included in the salary”. In this case, the rights will remain with the company, because the staff members performed direct duties.
Indeed, if this phrase is interpreted literally, there is much to be agreed upon. And the law is not on your side.
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Let's turn on the reverse logic. And everything that has been done “for work” not in the workplace - due to circumstances - does it turn out that it has nothing to do with the company? In Moscow, and the heat could, and you are allowed to developers today not to come to the office - let them work on the mobile version of your publication from home. A journalist who has a “from 9 to 17” in the contract was sent to cover the midnight party. All instructions, of course, in words. Now try to fire these people. If they are smart, you will run into the same situation as in the first example.
How so? It seems that they perform their duties, everything is normal. One "but." If work assignments may include work outside the workplace and outside working hours, contract clauses alone are not enough. Every time it is better to put an “official task” - to write that such and such was instructed to create an official work.
If you have forgotten, there is an option to do this retroactively - this is the so-called. acceptance of work results. Ask the employee to report on the work done. For example, specify all materials that have been developed for a certain period of time. Let him provide their list and copies on "non-erasable" media. On this occasion, he will have to sign an act of acceptance of work, in which all of the specified articles will be transferred to the category of official works owned by the company.
Of course, these tips are more useful for media projects and studios. Although who knows. So why all these legal subtleties?
Obviously, cumulatively your content is more valuable than if you disassemble it bit by bit. Of course, if it is of high quality. The further the project or company develops, the more worth the accumulating content. How much - an assessment will show, for which you may well invite a certified expert appraiser once a year. Imagine that as a result of the revaluation, the articles for which you paid 100,000 rubles to the authors will be valued at 10,000,000 as an asset. If you are a small company, such “inflation” will successfully complement good statistics of attendance and advertising sales in the eyes of a potential investor or bank in which you apply for a loan.
Pavel Shinkarenko, head of the law firm “Seneschal Neumann”, leading the course “Legal Basics of Internet Business” on the specialization “Management in the field of Internet technologies” of RMA. Specializes in intellectual property rights and support of the activities of Internet projects, as well as transactions for their sale. He assisted in the market launch and “packaging” of the projects “CompareSam”, “Investkafe”, iMarker, etc.
The text was compiled on the basis of a lecture by Pavel Shinkarenko for students of the specialization "Management in the field of Internet technologies" RMA.
Our director writes the texts, the sysadmin sculpts the code
When my buddies and I started our own business, everyone wanted to steer something. As a result, our development director, if he developed something, was a thought, because for the most part he was involved in copywriting. The company grew, it took developers who we designed as system administrators and IT-managers. In time, they decided to dismiss the “development director” and a couple of “system administrators”. They came to demand money: the first - for the articles, the second - for the codes. The truth was on their side: they legally had copyrights.
This was a conditional example. But it’s not a fact that you and your company or project will never get into such a situation. It is important to consider what the person working with you will actually do. Write his duties in the contract: if he writes, programs or draws for the company, indicate that his task is to create a so-called. "Official works". And also immediately note that “remuneration for the work of service is included in the salary”. In this case, the rights will remain with the company, because the staff members performed direct duties.
To say “made during working hours belongs to the company” - it is impossible. What can?
Indeed, if this phrase is interpreted literally, there is much to be agreed upon. And the law is not on your side.
')
Let's turn on the reverse logic. And everything that has been done “for work” not in the workplace - due to circumstances - does it turn out that it has nothing to do with the company? In Moscow, and the heat could, and you are allowed to developers today not to come to the office - let them work on the mobile version of your publication from home. A journalist who has a “from 9 to 17” in the contract was sent to cover the midnight party. All instructions, of course, in words. Now try to fire these people. If they are smart, you will run into the same situation as in the first example.
How so? It seems that they perform their duties, everything is normal. One "but." If work assignments may include work outside the workplace and outside working hours, contract clauses alone are not enough. Every time it is better to put an “official task” - to write that such and such was instructed to create an official work.
If you have forgotten, there is an option to do this retroactively - this is the so-called. acceptance of work results. Ask the employee to report on the work done. For example, specify all materials that have been developed for a certain period of time. Let him provide their list and copies on "non-erasable" media. On this occasion, he will have to sign an act of acceptance of work, in which all of the specified articles will be transferred to the category of official works owned by the company.
Why do I need all this?
Of course, these tips are more useful for media projects and studios. Although who knows. So why all these legal subtleties?
Obviously, cumulatively your content is more valuable than if you disassemble it bit by bit. Of course, if it is of high quality. The further the project or company develops, the more worth the accumulating content. How much - an assessment will show, for which you may well invite a certified expert appraiser once a year. Imagine that as a result of the revaluation, the articles for which you paid 100,000 rubles to the authors will be valued at 10,000,000 as an asset. If you are a small company, such “inflation” will successfully complement good statistics of attendance and advertising sales in the eyes of a potential investor or bank in which you apply for a loan.
Pavel Shinkarenko, head of the law firm “Seneschal Neumann”, leading the course “Legal Basics of Internet Business” on the specialization “Management in the field of Internet technologies” of RMA. Specializes in intellectual property rights and support of the activities of Internet projects, as well as transactions for their sale. He assisted in the market launch and “packaging” of the projects “CompareSam”, “Investkafe”, iMarker, etc.
Source: https://habr.com/ru/post/113413/
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