License agreement and frequently asked questions
I'll start with a small digression. I was directly contacted by the software developer, asking him to advise on some issues of solution protection, further distribution, etc. Suggestions for teaming up, counseling, etc. they come with enviable regularity, but usually, responding to them, I gently talk about the lack of time (which is true), but not this time ... Spontaneous conversation ensued as a result of which I asked the other person how simple the question might seem:
(I) - You have a ready solution. There is a potential customer. What are you going to do next? How do you sell your product? How should this be reflected on paper? What do you need to sign with a customer who purchases your software?
(Interlocutor) - Uh ... well ... I don't know ...
(Interlocutor) - ???
(Interviewee) - And how?
Anyone who, when they started selling their software, will understand what they are talking about. I still remember my own ordeals and attempts to knock out at least something from people who sell their software that will help sort out licensing agreements and the right to use software.
What can we say about me, if even the legal departments sometimes sin by not knowing how the license agreement is drawn up correctly and some fundamental points. Below I will cover a couple of questions that buyers ask about this issue and the answers to them.
Question: How can you prove that you are the author and that this is your decision?
Answer: According to
ARTICLE 1228 of the Civil Code of the Russian Federation
Section VII. RIGHTS TO RESULTS OF INTELLECTUAL ACTIVITY AND MEANS OF INDIVIDUALIZATION
Chapter 69. GENERAL PROVISIONS
Article 1228. Author of the result of intellectual activity
...
3. The exclusive right to the result of intellectual activity created by creative work, initially arises from its author .
...
Article 1229. Exclusive Right
1. A citizen or a legal entity who has the exclusive right to the result of intellectual activity or to the means of individualization (the right holder) shall have the right to use such result or such means at its discretion in any way not contrary to the law. The right holder may dispose of the exclusive right to the result of intellectual activity or to the means of individualization (article 1233), unless otherwise provided for by this Code.
')
There is such a thing as the “Presumption of Authorship” enshrined in article 1257 of the Civil Code of the Russian Federation: “A person indicated as an author on an original or a copy of a work is considered its author, unless otherwise proved . ” This means that in the event of any dispute, it is enough for the author to present any copy of the work in which he is listed as the author in any usual way, for example, on the title page, in the table of contents or directly in the text of the work. With regard to software, this is the “About” item in the menu or when the program is started.
Question: Do you have a paper confirming authorship?
Answer: In accordance with Article 1262 of the Civil Code of the Russian Federation “State Registration of Computer Programs and Databases” “p1. The rightholder, during the term of the exclusive right to a computer program or database, may at its discretion register such a program or such database with the federal executive body on intellectual property. ”
Those. Copyright registration is optional.
Question: What documents do you provide when purchasing a program?
Answer: I just want to say that we DO NOT SELL the program, we sell the RIGHTS TO USE the program. It is very important!
When selling, we provide: a license agreement (2 copies, one to us, one to you), an act of acceptance and transfer of non-exclusive rights (2 copies, one to us, one to you) and an invoice for payment.
Question: Why should a license contract be concluded?
Answer: According to article 1235 of the Civil Code of the Russian Federation
I also want to mention a few good links on the subject:
PS: It is also worth saying that my article does not claim to be complete, only the most frequently asked questions of buyers are covered here.
(I) - You have a ready solution. There is a potential customer. What are you going to do next? How do you sell your product? How should this be reflected on paper? What do you need to sign with a customer who purchases your software?
(Interlocutor) - Uh ... well ... I don't know ...
(Interlocutor) - ???
(Interviewee) - And how?
Anyone who, when they started selling their software, will understand what they are talking about. I still remember my own ordeals and attempts to knock out at least something from people who sell their software that will help sort out licensing agreements and the right to use software.
What can we say about me, if even the legal departments sometimes sin by not knowing how the license agreement is drawn up correctly and some fundamental points. Below I will cover a couple of questions that buyers ask about this issue and the answers to them.
Question: How can you prove that you are the author and that this is your decision?
Answer: According to
ARTICLE 1228 of the Civil Code of the Russian Federation
Section VII. RIGHTS TO RESULTS OF INTELLECTUAL ACTIVITY AND MEANS OF INDIVIDUALIZATION
Chapter 69. GENERAL PROVISIONS
Article 1228. Author of the result of intellectual activity
...
3. The exclusive right to the result of intellectual activity created by creative work, initially arises from its author .
...
Article 1229. Exclusive Right
1. A citizen or a legal entity who has the exclusive right to the result of intellectual activity or to the means of individualization (the right holder) shall have the right to use such result or such means at its discretion in any way not contrary to the law. The right holder may dispose of the exclusive right to the result of intellectual activity or to the means of individualization (article 1233), unless otherwise provided for by this Code.
')
There is such a thing as the “Presumption of Authorship” enshrined in article 1257 of the Civil Code of the Russian Federation: “A person indicated as an author on an original or a copy of a work is considered its author, unless otherwise proved . ” This means that in the event of any dispute, it is enough for the author to present any copy of the work in which he is listed as the author in any usual way, for example, on the title page, in the table of contents or directly in the text of the work. With regard to software, this is the “About” item in the menu or when the program is started.
Question: Do you have a paper confirming authorship?
Answer: In accordance with Article 1262 of the Civil Code of the Russian Federation “State Registration of Computer Programs and Databases” “p1. The rightholder, during the term of the exclusive right to a computer program or database, may at its discretion register such a program or such database with the federal executive body on intellectual property. ”
Those. Copyright registration is optional.
Question: What documents do you provide when purchasing a program?
Answer: I just want to say that we DO NOT SELL the program, we sell the RIGHTS TO USE the program. It is very important!
When selling, we provide: a license agreement (2 copies, one to us, one to you), an act of acceptance and transfer of non-exclusive rights (2 copies, one to us, one to you) and an invoice for payment.
Question: Why should a license contract be concluded?
Answer: According to article 1235 of the Civil Code of the Russian Federation
I also want to mention a few good links on the subject:
- Civil Code of the Russian Federation / Chapter 69 Part Four Section VII. Rights to the results of intellectual activity and means of individualization
- License Contract Builder
PS: It is also worth saying that my article does not claim to be complete, only the most frequently asked questions of buyers are covered here.
Source: https://habr.com/ru/post/148867/
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