Do you have rights to the created site?
This article would like to clarify the relationship between the customer and the performer when creating a website. It seems that it is clearer to do this by examining concrete examples.
There is no need to explain that, according to the current legislation of the Republic of Belarus, the website as such, as well as individual
its elements can be, subject to certain requirements, copyright objects (presented in a unique design version; creative work was carried out on the development of special fonts; creation and selection of a site color solution; unique navigation element solutions, etc., that is, when the web site work, which is the result of a certain creative work).
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I will not address the case when a website is created and used by the same person. The author and the owner of property rights to the object of copyright coincide in one person.
Consider an example when a web studio creates a website of a company.
It is necessary to distinguish the relations that arise between the author of an intellectual property object (web designer, programmer or their group), performed in the order of a service task, the web studio (in which the authors work under an employment contract
website) and the customer (the company that ordered the studio site development).
Of course, the transfer (or rather the sale) of exclusive property rights to the created website should have a positive impact on your financial situation.
Successes you in asserting own rights! )
1 The right to be recognized as the author of the work (the right of authorship); the right to use or authorize the use of a work under the original name of the author, a pseudonym or without designation of a name, that is, anonymously (the right to a name); right to defense
a work, including its title, from any distortion or other infringement that could damage the honor and dignity of the author (the right to protection of reputation); the right to publicize or authorize the publication of a work in any form (the right to public disclosure).
2 The exclusive right to perform or authorize the following actions: to reproduce works (the right of reproduction); distribution of the original or copies of the work through the sale or other transfer of ownership (right of distribution); alteration or other processing of the work; other communication of the work to the public. Thus, the owner of property rights has the exclusive right to use this object lawfully.
intellectual property at its discretion in any form and in any way.
Crosspost from webdev.lovata.com .
There is no need to explain that, according to the current legislation of the Republic of Belarus, the website as such, as well as individual
its elements can be, subject to certain requirements, copyright objects (presented in a unique design version; creative work was carried out on the development of special fonts; creation and selection of a site color solution; unique navigation element solutions, etc., that is, when the web site work, which is the result of a certain creative work).
')
I will not address the case when a website is created and used by the same person. The author and the owner of property rights to the object of copyright coincide in one person.
Consider an example when a web studio creates a website of a company.
It is necessary to distinguish the relations that arise between the author of an intellectual property object (web designer, programmer or their group), performed in the order of a service task, the web studio (in which the authors work under an employment contract
website) and the customer (the company that ordered the studio site development).
- Personal non-property rights 1 to a work created in the order of performing an official task or official duties belong to the author. At the same time, property rights 2 for an employment work belong to the employer (web studio), unless otherwise provided by the contract between him and the author (To avoid discrepancies, it is reasonable to have a clear regulation in the employment contract or contract of employee web resource.)
- But the relationship between the web studio and the customer company is governed solely by the agreement on the creation of the website and how the relations connected with the rights to objects of copyright are settled in it, depends on the question of ownership of property rights to objects of copyright. It is very important that for contracts for the creation of web sites a norm stating that only those rights that are clearly indicated in the contract are considered as ceded . Those. if the contract does not provide for the purchase by the customer of an exclusive property right to the created website, then all property rights still belong to the web-studio! And the customer can use it only as a website, without acquiring property rights to the developed graphic objects, logos, art and design solutions, which he could otherwise use in other information fields, for example, in print, video products, etc.
Of course, the transfer (or rather the sale) of exclusive property rights to the created website should have a positive impact on your financial situation.
Successes you in asserting own rights! )
1 The right to be recognized as the author of the work (the right of authorship); the right to use or authorize the use of a work under the original name of the author, a pseudonym or without designation of a name, that is, anonymously (the right to a name); right to defense
a work, including its title, from any distortion or other infringement that could damage the honor and dignity of the author (the right to protection of reputation); the right to publicize or authorize the publication of a work in any form (the right to public disclosure).
2 The exclusive right to perform or authorize the following actions: to reproduce works (the right of reproduction); distribution of the original or copies of the work through the sale or other transfer of ownership (right of distribution); alteration or other processing of the work; other communication of the work to the public. Thus, the owner of property rights has the exclusive right to use this object lawfully.
intellectual property at its discretion in any form and in any way.
Crosspost from webdev.lovata.com .
Source: https://habr.com/ru/post/17265/
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