Acquisition and proper use of software rights
Many users of Habr are either purchasers of software copyrights or sellers of such rights.
In my first article on Habré, I would like to quite briefly share my thoughts on the acquisition and proper execution of software copyrights in the conditions of the current legislation of the Russian Federation.
My daily practice and, in fact, misunderstanding by others, including specialists of seemingly obvious things, when writing contracts for acquiring rights to use the software, led me to write this article.
Practice in the Russian Federation has developed in such a way that the acquisition of the above rights is made in most cases by entering into a contract of sale and its varieties. Meanwhile, this approach is fundamentally wrong for a variety of reasons.
')
In fact, under the contract of sale, the thing is transferred to the property of the buyer, which however does not occur when the rights to use the software are exercised, moreover for the user acquiring the right to use the software product, the most important factor is to use it and not to purchase the thing (disk, flash drive) software recorded on it.
Such an approach carries with it substantial legal risks for both parties and does not allow to fully enjoy the rights provided for by the civil legislation of the Russian Federation.
At the same time, it is the “buyers” that become more vulnerable, the copyright holder of the exclusive rights to the software is still more or less protected by law, but now the acquirer becomes completely defenseless against unscrupulous “sellers”.
Under such circumstances, and a multitude of judicial precedents, it is strange that the conclusion of a licensing agreement on granting the right to use the work provided for in Article 1286 of the Civil Code of the Russian Federation has found little use.
This is a contract fully regulated by law, which is designed to ensure and protect the rights of both parties in such a transaction. According to it, one party - the author or another rightholder (licensor) grants or undertakes to give the other party (licensee) the right to use this work within the limits established by the contract.
There are also several legal requirements for such an agreement, but in general, everything is as always nothing supernatural, everything is described in detail in the Civil Code of the Russian Federation.
With all the simplicity of this action, the conclusion of the specified contract with the reflection of the conditions important for you will help you to protect your rights in full.
Dear lawyers of the companies and simply people responsible for the conclusion of contracts because of their official duties, please do not neglect the specified type of contract and transactions successful to you.
In my first article on Habré, I would like to quite briefly share my thoughts on the acquisition and proper execution of software copyrights in the conditions of the current legislation of the Russian Federation.
My daily practice and, in fact, misunderstanding by others, including specialists of seemingly obvious things, when writing contracts for acquiring rights to use the software, led me to write this article.
Practice in the Russian Federation has developed in such a way that the acquisition of the above rights is made in most cases by entering into a contract of sale and its varieties. Meanwhile, this approach is fundamentally wrong for a variety of reasons.
')
In fact, under the contract of sale, the thing is transferred to the property of the buyer, which however does not occur when the rights to use the software are exercised, moreover for the user acquiring the right to use the software product, the most important factor is to use it and not to purchase the thing (disk, flash drive) software recorded on it.
Such an approach carries with it substantial legal risks for both parties and does not allow to fully enjoy the rights provided for by the civil legislation of the Russian Federation.
At the same time, it is the “buyers” that become more vulnerable, the copyright holder of the exclusive rights to the software is still more or less protected by law, but now the acquirer becomes completely defenseless against unscrupulous “sellers”.
Under such circumstances, and a multitude of judicial precedents, it is strange that the conclusion of a licensing agreement on granting the right to use the work provided for in Article 1286 of the Civil Code of the Russian Federation has found little use.
This is a contract fully regulated by law, which is designed to ensure and protect the rights of both parties in such a transaction. According to it, one party - the author or another rightholder (licensor) grants or undertakes to give the other party (licensee) the right to use this work within the limits established by the contract.
There are also several legal requirements for such an agreement, but in general, everything is as always nothing supernatural, everything is described in detail in the Civil Code of the Russian Federation.
With all the simplicity of this action, the conclusion of the specified contract with the reflection of the conditions important for you will help you to protect your rights in full.
Dear lawyers of the companies and simply people responsible for the conclusion of contracts because of their official duties, please do not neglect the specified type of contract and transactions successful to you.
Source: https://habr.com/ru/post/144367/
All Articles