Terms of Service, Privacy Policy and License Agreement: an educational program for an indie mobile developer
We met Vladislav Arkhipov during the St. Petersburg conference WNCONF , where he gave a talk. In his speech, special attention was paid to the important topic for us of the interpretation of gambling for social casino. During the conversation, in which other colleagues participated, it turned out that indie developers devote very little attention to legal issues in their work, creating the necessary documents on the residual principle. We decided to fill this gap and hold together with a practicing lawyer a small “educational program”.
Vladislav Arkhipov is a lawyer, advisor to the practice of intellectual property, information technology and telecommunications of the international law firm Dentons. Vladislav is one of the few legal practitioners specializing in legal support of the computer games industry. He is not indifferent to computer games as such in any manifestations - he has been playing himself since the beginning of the 1990s and has been watching the development of the industry for a long time. Being also a Candidate of Laws, an Associate Professor at the Law Faculty of St. Petersburg State University, Vladislav pays attention in his courses and academic game studies.
Both the Terms of Service, and Privacy Policy, and the License Agreement are documents that are intended to regulate the relationship between the end user of the application and those who distribute and maintain this application, ensure its efficiency, are its copyright holder. Strictly speaking, this can be either an indie developer himself or someone to whom the indie developer transferred the rights to his development in whole or in part, if he does not distribute the application himself. Let us, however, conditionally call this side of the agreements “developer”, although we understand that it will be more often the question of who supports the project after the release (this, of course, does not exclude subsequent development). At the same time, the value of these documents may go and often goes beyond the relationship between the developer and the user - their content can be taken into account when determining various issues of developer responsibility in court, and also - with the emergence and rapid development of various digital distribution sites - can be crucial for such sites what we are actually talking about now.
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Immediately it is worth making a reservation that the names of the documents themselves, at least in Russia, are not fixed as mandatory, and nothing, as a general rule, from a legal point of view, does not prevent these documents from being combined in different ways - for example make one document instead of three, or, conversely, split the content into a larger number of individual documents. The approach in this case can be determined, for example, by organizational considerations — how convenient it will be to make changes to the documents, make references to them, etc. However, the specific composition and format of documents can be set at the level of contractual obligations, for example, with a distribution platform, a publisher.
First, they allow us to formulate a legally-obligatory (in many cases) for the user the developer’s idea of ​​how it is possible, and how his application cannot be used and / or give the user information about what actions the developer will take with respect to the user and its data, if the user agrees to the conditions, which is usually equivalent to the beginning of the use of the application. For example, in the majority of the Terms of Service of those applications in which users have the ability to transfer information and (or) post user content, there are reservations that users are prohibited under the threat of a ban (in fact, terminating or suspending the provision of services) to distribute pornography, offensive or law-breaking information, such as extremist, etc.
Secondly, these documents allow to partially protect the developer from claims from the authorities, both in Russia and abroad, due to the fact that they formulate in advance the position of the developer regarding their service (application). For example, in Russian practice, judgments have already reflected the judgment that if the developer (in this case it was a social network) under the terms of the user agreement indicated a ban on users to publish third-party content without their consent, then we can assume that the developer He showed the care and diligence that was required of him according to the situation. ” This fact is taken into account when determining the responsibility of the developer as an information intermediary, and developers of gaming applications, if such applications have room for any user content, can also be considered as information intermediaries.
Thirdly, the provisions of these documents allow to confirm the developer’s good faith in relation to the legal requirements of the site. Say (an abstract example), the requirements for developers may indicate that the application must not allow any illegal content to be placed by users. At the same time, the developer in his documents prohibits users from performing these actions and determines his right to delete such content at his own discretion and refuse to provide further services in the event of such a violation. In such a situation, it will be difficult to talk about a deliberate violation by the developer of his contractual obligations to the site if the users behave in bad faith, and the developer will take measures to control their behavior.
Consider each of the documents in more detail.
Terms of Service most often defines the rules for using an application to the extent that it does not concern intellectual property, and the Terms of Service are most relevant for games and other applications with elements of online interaction. In essence, they define the rules for using the service (although in Russia, from a legal point of view, the question of whether application services can be considered services, as the Civil Code understands them, is not fully defined), but may include rules of conduct in virtual space, the violation of which, for example, can be a reason for a ban - say, insulting other players, using bots, selling and buying "fed" gold for real money, etc.
The meaning of the Terms of Service is, first of all, to give the players (users) to understand what can be done with regard to the game (application), and what cannot be done. It is interesting to the developer, first of all, to create grounds for legitimate actions against the user if he violates these conditions in such a way that it causes direct or indirect damage directly to the developer - for example, promotes other products through the developer’s application, systematically spoils play to other users, reducing the attractiveness of the project, etc. In addition, the prohibitions and reservations listed in the Terms of Service, as has already been noted in general, give the developer a chance to get an additional argument in defense against claims of third parties and state bodies if such claims are unfounded.
Interesting examples are related to projects in which virtual items are turned over for real money. If the application assumes the existence of such a turnover in any form, but the developer has not conceived his application as a kind of “investment” service that can be officially used for making money, this can also be reflected in the Terms of Service. For example, clause 11 B (iv) of the “Diablo III Auction User Agreement for Sale for Real Money” expressly provides that auctions should not be used as an investment tool. I’m not sure that Blizzard could really have been officially considered a financial institution (which would potentially have serious legal consequences) because of this auction, but if there were no such reservation, that risk would still be somewhat higher. By the way, in paragraph 1 of the User Agreement and Software License, which Wizards of the Coast use for Magic: The Gathering Online (note that the user agreement in the sense of behavior and the license agreement are combined here) in which virtual trading of MTG digital cards for “tickets”, originally sold by the developer for 1 US dollar each, on the “market” of which has its ups and downs, conditionally allowing “investing”, is an integral element; the same rule is expressed on the contrary - from private: users are allowed It is intended to use digital objects only for game purposes .
Privacy Policy defines the developer’s policy regarding personal (personal) and other user data of the application, which the developer receives during the use of the application. The main objective of this document is to inform the user, at a minimum, about what information about him is collected when using the application, how this information is used and in what cases it can be disclosed to third parties, including government bodies. More and more importance is attached to personal data all over the world, so it is especially important for the developer to get confirmation that the user has read this document (however, this also applies to other documents).
The legal regulation of the circulation of personal data differs from jurisdiction to jurisdiction. Moreover, there are still many questions about the extent to which the law on personal data protection applies to relations on the Internet (including in connection with applications), where it is difficult or almost impossible to reliably determine the user which should give verified consent to the processing of personal data in some cases. However, the general principle is the same: the user must understand how the information that he voluntarily or unwittingly passes to the developer can be used and agree to this, or, as a rule, refuse the service (application) in principle, but the developer should be able to convincingly prove that the user has such an understanding.
When developing the Privacy Policy, Russian companies should remember that the smallest risks are associated with cases when personal data is used only for the interaction of a specific developer and user within a single application - this, in many cases, may fall under the category of personal data processing for contract execution, which is the subject of personal data, referred to in paragraph 5 of Part 1 of Art. 6 of the Federal Law "On Personal Data", which does not require the consent of the subject of personal data, that is, the user, in a special form. More difficult, from a legal point of view, situations arise when a developer processes personal data for a wide range of purposes, for example, for marketing purposes, and especially when it transfers personal data for processing to third parties and / or abroad. For such situations, Russian legislation requires a detailed written consent of the user, subject to the requirements of legislation on electronic signatures.
General recommendations are hard to give here and each project should be analyzed separately - a lot depends on the details. At the same time, it can be said that in many cases the risks will be lower if, within the framework of the project architecture, personal data are made publicly available by the users themselves and (or) if they are depersonalized - so that, based on them, this or that person cannot be identified. With the development of services that allow you to actively use the image of the user, it is additionally worth noting that significant risks may also be associated with the processing of biometric personal data, i.e. information that characterizes the physiological characteristics of a person and on the basis of which it is possible to establish his personality.
The License Agreement is probably the most understandable from a legal point of view, a document - it determines the extent to which the user can use the application as the result of intellectual activity, i.e. provides the user with one or another license. I think it would not be a mistake to say that historically this document, from among those considered, appeared first in relation to computer games, since intellectual property legislation was the most developed at the time of the first computer games. Moreover, for single-player games distributed on physical media without "live" support, this may now be the only document, although there are of course very few such games (probably, for the most part, only unsold "antiquarian" copies). Often you can find a more detailed title of this document - End User License Agreement, i.e. "End User License Agreement".
Almost always, users are given a simple (non-exclusive) license, through which the right holder, in our case conditionally, the developer, as the licensor, grants the user, as the licensee, the right to use the result of intellectual activity while retaining the right to issue licenses to others. Exclusive licenses, which do not preserve such a right, are no longer distributed in relations with users, but within purely business relations, for example, during development. According to Russian law, unless otherwise expressly provided for in the license agreement, the license is assumed to be simple (non-exclusive), and this should be borne in mind when you get rights to any product used in development. In other words, if Russian law is applied to the contract and if it does not explicitly state that only you have the right to use the relevant product, then the licensor (the one who provides the rights) can grant these rights to other persons, and the engine, for example, which you use under this license will be "non-exclusive", regardless of what you were promised before.
Regulation of licensing relations as a whole has nuances in different countries, but the general principles remain, since this regulation is based on the same international agreements. In Russia, the general provisions on licensing agreements are enshrined in Art. 1235 of the Civil Code of the Russian Federation. Thus, the result of intellectual activity can be transferred only to the extent and in the ways provided by the license agreement. As a general rule, the license agreement must be concluded in writing, otherwise it is considered invalid. The license agreement must specify the territory in which the use of the result of intellectual activity is allowed, and if such a territory is not specified, the licensee is entitled to use the licensed product throughout the territory of the Russian Federation (but not abroad). The term of the license agreement may not exceed the term of exclusive rights. For computer programs, the rights to which are regulated as well as literary works (with the exception of some additional provisions), this period, as a general rule, is the life of the author and 70 years since the death of the author, counting from January 1 of the year following the year of death of the author . If the term is not defined, the contract is considered to be concluded for five years, unless otherwise provided by the Civil Code. In the absence of an indication of the amount of remuneration or the procedure for determining it, the contract shall be deemed not concluded. In addition, the license contract must determine the subject of the contract and the ways of using the licensed result of intellectual activity.
There is no formal requirement to establish these documents as a whole, but, firstly, the requirement for the availability of these documents can be defined in the developer’s agreement with the site used for distribution, and secondly, their absence may have different legal consequences, as described earlier. This is especially true of the license agreement. Creating these documents is almost always in the interests of the developer.
In my experience of communicating with IR, many are now beginning to think about the legal aspects of their projects, which is good, as it can save IR from a number of risks in advance. If there is such an opportunity, then when receiving any investments it makes sense to budget legal services - their amount can be agreed with a lawyer in advance, it is better if he (the lawyer) directly specializes in the field of intellectual property rights, information technology and media (the latter is also important since today both legislation and judicial practice in the field of regulating Internet technologies and content are being developed). This, as a minimum, is necessary to avoid situations in the style described in quotation # 427206 from Bashorg - when the customer asked for a logo with a sickle and a hammer, and when he could not register it for obvious reasons, asked for a new logo with Mario associations with recent mobile hits are random and unintentional).
In an ideal situation, in my opinion, a lawyer should participate in advising a project already at the stage of developing a design document, in order to “filter out” aspects of game design and content that are unnecessarily risky under current law and practice, or recommend ways to reduce risks through design ( architectural solutions. Law firms and individual practicing lawyers who already have significant experience in the IT and media market in Russia and abroad can provide the best services here, but I understand that this option is viable only with good investments in the project and an assessment of the relevance of legal risks, rather already by the investor.
The second possible option is to find a lawyer with whom an IR can discuss the possibility of a lawyer participating in a project on “risky” basis, under which a lawyer will receive his remuneration in case of profit from the project. Not all law firms and private lawyers, if they proceed from the fact that they act as independent legal advisers (and for lawyers such position is defined by law and code of professional ethics), you can agree to this, because in such a situation a lawyer actually becomes part of the team, and this imposes additional, at least moral obligations. However, in general, this option is possible.
Finally, having certain experience and knowledge in legal matters, theoretically, you can try to do it yourself - for example, by writing your documents based on examples received from colleagues. But this option is quite risky - not having a system of knowledge in the field of law, there is a great danger not only not to reduce the risks, but also to create additional ones. In addition, direct copying of other people's documents is extremely undesirable, since they themselves can be the results of intellectual activity, because the objects of copyright, at least under Russian law, among the legal documents are not only official documents of state authorities, local governments and international organizations. "Private" documents are protected. Equally important, a document on another project may simply not reflect the critical, from the point of view of the law, aspects of your project.
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Vladislav Arkhipov is a lawyer, advisor to the practice of intellectual property, information technology and telecommunications of the international law firm Dentons. Vladislav is one of the few legal practitioners specializing in legal support of the computer games industry. He is not indifferent to computer games as such in any manifestations - he has been playing himself since the beginning of the 1990s and has been watching the development of the industry for a long time. Being also a Candidate of Laws, an Associate Professor at the Law Faculty of St. Petersburg State University, Vladislav pays attention in his courses and academic game studies.
Vladislav, it’s not a secret to anyone that the indie developer, laying out his application in the store, does not pay attention to the legal documents that he is asked to indicate. Let's start with a simple question: what are the Terms of Service, Privacy Policy, License Agreement?
Both the Terms of Service, and Privacy Policy, and the License Agreement are documents that are intended to regulate the relationship between the end user of the application and those who distribute and maintain this application, ensure its efficiency, are its copyright holder. Strictly speaking, this can be either an indie developer himself or someone to whom the indie developer transferred the rights to his development in whole or in part, if he does not distribute the application himself. Let us, however, conditionally call this side of the agreements “developer”, although we understand that it will be more often the question of who supports the project after the release (this, of course, does not exclude subsequent development). At the same time, the value of these documents may go and often goes beyond the relationship between the developer and the user - their content can be taken into account when determining various issues of developer responsibility in court, and also - with the emergence and rapid development of various digital distribution sites - can be crucial for such sites what we are actually talking about now.
')
Immediately it is worth making a reservation that the names of the documents themselves, at least in Russia, are not fixed as mandatory, and nothing, as a general rule, from a legal point of view, does not prevent these documents from being combined in different ways - for example make one document instead of three, or, conversely, split the content into a larger number of individual documents. The approach in this case can be determined, for example, by organizational considerations — how convenient it will be to make changes to the documents, make references to them, etc. However, the specific composition and format of documents can be set at the level of contractual obligations, for example, with a distribution platform, a publisher.
Tell us more about the role that each of the documents performs, what they regulate, and who they protect from whom?
First, they allow us to formulate a legally-obligatory (in many cases) for the user the developer’s idea of ​​how it is possible, and how his application cannot be used and / or give the user information about what actions the developer will take with respect to the user and its data, if the user agrees to the conditions, which is usually equivalent to the beginning of the use of the application. For example, in the majority of the Terms of Service of those applications in which users have the ability to transfer information and (or) post user content, there are reservations that users are prohibited under the threat of a ban (in fact, terminating or suspending the provision of services) to distribute pornography, offensive or law-breaking information, such as extremist, etc.
Secondly, these documents allow to partially protect the developer from claims from the authorities, both in Russia and abroad, due to the fact that they formulate in advance the position of the developer regarding their service (application). For example, in Russian practice, judgments have already reflected the judgment that if the developer (in this case it was a social network) under the terms of the user agreement indicated a ban on users to publish third-party content without their consent, then we can assume that the developer He showed the care and diligence that was required of him according to the situation. ” This fact is taken into account when determining the responsibility of the developer as an information intermediary, and developers of gaming applications, if such applications have room for any user content, can also be considered as information intermediaries.
Thirdly, the provisions of these documents allow to confirm the developer’s good faith in relation to the legal requirements of the site. Say (an abstract example), the requirements for developers may indicate that the application must not allow any illegal content to be placed by users. At the same time, the developer in his documents prohibits users from performing these actions and determines his right to delete such content at his own discretion and refuse to provide further services in the event of such a violation. In such a situation, it will be difficult to talk about a deliberate violation by the developer of his contractual obligations to the site if the users behave in bad faith, and the developer will take measures to control their behavior.
Consider each of the documents in more detail.
Terms of Service most often defines the rules for using an application to the extent that it does not concern intellectual property, and the Terms of Service are most relevant for games and other applications with elements of online interaction. In essence, they define the rules for using the service (although in Russia, from a legal point of view, the question of whether application services can be considered services, as the Civil Code understands them, is not fully defined), but may include rules of conduct in virtual space, the violation of which, for example, can be a reason for a ban - say, insulting other players, using bots, selling and buying "fed" gold for real money, etc.
The meaning of the Terms of Service is, first of all, to give the players (users) to understand what can be done with regard to the game (application), and what cannot be done. It is interesting to the developer, first of all, to create grounds for legitimate actions against the user if he violates these conditions in such a way that it causes direct or indirect damage directly to the developer - for example, promotes other products through the developer’s application, systematically spoils play to other users, reducing the attractiveness of the project, etc. In addition, the prohibitions and reservations listed in the Terms of Service, as has already been noted in general, give the developer a chance to get an additional argument in defense against claims of third parties and state bodies if such claims are unfounded.
Interesting examples are related to projects in which virtual items are turned over for real money. If the application assumes the existence of such a turnover in any form, but the developer has not conceived his application as a kind of “investment” service that can be officially used for making money, this can also be reflected in the Terms of Service. For example, clause 11 B (iv) of the “Diablo III Auction User Agreement for Sale for Real Money” expressly provides that auctions should not be used as an investment tool. I’m not sure that Blizzard could really have been officially considered a financial institution (which would potentially have serious legal consequences) because of this auction, but if there were no such reservation, that risk would still be somewhat higher. By the way, in paragraph 1 of the User Agreement and Software License, which Wizards of the Coast use for Magic: The Gathering Online (note that the user agreement in the sense of behavior and the license agreement are combined here) in which virtual trading of MTG digital cards for “tickets”, originally sold by the developer for 1 US dollar each, on the “market” of which has its ups and downs, conditionally allowing “investing”, is an integral element; the same rule is expressed on the contrary - from private: users are allowed It is intended to use digital objects only for game purposes .
Privacy Policy defines the developer’s policy regarding personal (personal) and other user data of the application, which the developer receives during the use of the application. The main objective of this document is to inform the user, at a minimum, about what information about him is collected when using the application, how this information is used and in what cases it can be disclosed to third parties, including government bodies. More and more importance is attached to personal data all over the world, so it is especially important for the developer to get confirmation that the user has read this document (however, this also applies to other documents).
The legal regulation of the circulation of personal data differs from jurisdiction to jurisdiction. Moreover, there are still many questions about the extent to which the law on personal data protection applies to relations on the Internet (including in connection with applications), where it is difficult or almost impossible to reliably determine the user which should give verified consent to the processing of personal data in some cases. However, the general principle is the same: the user must understand how the information that he voluntarily or unwittingly passes to the developer can be used and agree to this, or, as a rule, refuse the service (application) in principle, but the developer should be able to convincingly prove that the user has such an understanding.
When developing the Privacy Policy, Russian companies should remember that the smallest risks are associated with cases when personal data is used only for the interaction of a specific developer and user within a single application - this, in many cases, may fall under the category of personal data processing for contract execution, which is the subject of personal data, referred to in paragraph 5 of Part 1 of Art. 6 of the Federal Law "On Personal Data", which does not require the consent of the subject of personal data, that is, the user, in a special form. More difficult, from a legal point of view, situations arise when a developer processes personal data for a wide range of purposes, for example, for marketing purposes, and especially when it transfers personal data for processing to third parties and / or abroad. For such situations, Russian legislation requires a detailed written consent of the user, subject to the requirements of legislation on electronic signatures.
General recommendations are hard to give here and each project should be analyzed separately - a lot depends on the details. At the same time, it can be said that in many cases the risks will be lower if, within the framework of the project architecture, personal data are made publicly available by the users themselves and (or) if they are depersonalized - so that, based on them, this or that person cannot be identified. With the development of services that allow you to actively use the image of the user, it is additionally worth noting that significant risks may also be associated with the processing of biometric personal data, i.e. information that characterizes the physiological characteristics of a person and on the basis of which it is possible to establish his personality.
The License Agreement is probably the most understandable from a legal point of view, a document - it determines the extent to which the user can use the application as the result of intellectual activity, i.e. provides the user with one or another license. I think it would not be a mistake to say that historically this document, from among those considered, appeared first in relation to computer games, since intellectual property legislation was the most developed at the time of the first computer games. Moreover, for single-player games distributed on physical media without "live" support, this may now be the only document, although there are of course very few such games (probably, for the most part, only unsold "antiquarian" copies). Often you can find a more detailed title of this document - End User License Agreement, i.e. "End User License Agreement".
Almost always, users are given a simple (non-exclusive) license, through which the right holder, in our case conditionally, the developer, as the licensor, grants the user, as the licensee, the right to use the result of intellectual activity while retaining the right to issue licenses to others. Exclusive licenses, which do not preserve such a right, are no longer distributed in relations with users, but within purely business relations, for example, during development. According to Russian law, unless otherwise expressly provided for in the license agreement, the license is assumed to be simple (non-exclusive), and this should be borne in mind when you get rights to any product used in development. In other words, if Russian law is applied to the contract and if it does not explicitly state that only you have the right to use the relevant product, then the licensor (the one who provides the rights) can grant these rights to other persons, and the engine, for example, which you use under this license will be "non-exclusive", regardless of what you were promised before.
Regulation of licensing relations as a whole has nuances in different countries, but the general principles remain, since this regulation is based on the same international agreements. In Russia, the general provisions on licensing agreements are enshrined in Art. 1235 of the Civil Code of the Russian Federation. Thus, the result of intellectual activity can be transferred only to the extent and in the ways provided by the license agreement. As a general rule, the license agreement must be concluded in writing, otherwise it is considered invalid. The license agreement must specify the territory in which the use of the result of intellectual activity is allowed, and if such a territory is not specified, the licensee is entitled to use the licensed product throughout the territory of the Russian Federation (but not abroad). The term of the license agreement may not exceed the term of exclusive rights. For computer programs, the rights to which are regulated as well as literary works (with the exception of some additional provisions), this period, as a general rule, is the life of the author and 70 years since the death of the author, counting from January 1 of the year following the year of death of the author . If the term is not defined, the contract is considered to be concluded for five years, unless otherwise provided by the Civil Code. In the absence of an indication of the amount of remuneration or the procedure for determining it, the contract shall be deemed not concluded. In addition, the license contract must determine the subject of the contract and the ways of using the licensed result of intellectual activity.
Do I need to create these documents on a mandatory basis always or is this an optional requirement?
There is no formal requirement to establish these documents as a whole, but, firstly, the requirement for the availability of these documents can be defined in the developer’s agreement with the site used for distribution, and secondly, their absence may have different legal consequences, as described earlier. This is especially true of the license agreement. Creating these documents is almost always in the interests of the developer.
In cases where you need to create - how to do it "the least blood"? After all, not all indie developers can afford the services of a good lawyer.
In my experience of communicating with IR, many are now beginning to think about the legal aspects of their projects, which is good, as it can save IR from a number of risks in advance. If there is such an opportunity, then when receiving any investments it makes sense to budget legal services - their amount can be agreed with a lawyer in advance, it is better if he (the lawyer) directly specializes in the field of intellectual property rights, information technology and media (the latter is also important since today both legislation and judicial practice in the field of regulating Internet technologies and content are being developed). This, as a minimum, is necessary to avoid situations in the style described in quotation # 427206 from Bashorg - when the customer asked for a logo with a sickle and a hammer, and when he could not register it for obvious reasons, asked for a new logo with Mario associations with recent mobile hits are random and unintentional).
In an ideal situation, in my opinion, a lawyer should participate in advising a project already at the stage of developing a design document, in order to “filter out” aspects of game design and content that are unnecessarily risky under current law and practice, or recommend ways to reduce risks through design ( architectural solutions. Law firms and individual practicing lawyers who already have significant experience in the IT and media market in Russia and abroad can provide the best services here, but I understand that this option is viable only with good investments in the project and an assessment of the relevance of legal risks, rather already by the investor.
The second possible option is to find a lawyer with whom an IR can discuss the possibility of a lawyer participating in a project on “risky” basis, under which a lawyer will receive his remuneration in case of profit from the project. Not all law firms and private lawyers, if they proceed from the fact that they act as independent legal advisers (and for lawyers such position is defined by law and code of professional ethics), you can agree to this, because in such a situation a lawyer actually becomes part of the team, and this imposes additional, at least moral obligations. However, in general, this option is possible.
Finally, having certain experience and knowledge in legal matters, theoretically, you can try to do it yourself - for example, by writing your documents based on examples received from colleagues. But this option is quite risky - not having a system of knowledge in the field of law, there is a great danger not only not to reduce the risks, but also to create additional ones. In addition, direct copying of other people's documents is extremely undesirable, since they themselves can be the results of intellectual activity, because the objects of copyright, at least under Russian law, among the legal documents are not only official documents of state authorities, local governments and international organizations. "Private" documents are protected. Equally important, a document on another project may simply not reflect the critical, from the point of view of the law, aspects of your project.
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Source: https://habr.com/ru/post/218437/
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