How to rent a site for rent
Often we have to deal with the situation when the domain name is registered to an individual (one of the business owners), the development of the site was financed from the organization’s account with working capital, and the site is used in the business of another company.
Periodically, customers are asked to translate the relations of the parties in a legal direction, having issued a site lease agreement. However, not all so simple. What problems you may encounter when renting a site, read below.
From the point of view of the Russian legislation and judicial practice, the site is a composite work that includes software, design elements, texts and other objects of copyright and related rights.
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If we consider the question even deeper, the site can be attributed to the information system, which includes hardware, information in databases, and information technologies that ensure its processing (including software).
The main problem of the use of a site lease agreement is the requirement of legislation on the lease of only individually determined things (Art. 607 of the Civil Code).
The equipment used for hosting a site, as a rule, cannot be individualized, software is also not a thing, unlike its carrier.
Therefore, renting a site is possible only in the form of a lease agreement for a software and hardware complex that can be individualized. That is, a separate server must be used to host the site, which legally belongs to the lessor (property or rent with the right to surrender).
In addition, the landlord must have the right to rent the software. If this is not a self-written engine, the exclusive rights to which are 100% owned by the site owner, then you cannot rent it. In most cases, license agreements for the use of a third-party site engine (CMS) contain a direct ban on its rental.
Thus, the landlord should have the exclusive right to the software of the site or the right to rent it, obtained under a license agreement with the copyright holder.
Only under such conditions a server with an instance of the site software installed on it (the site engine and database) can be leased.
In all other cases, the site lease agreement is void as contrary to the direct indication of the law on the subject of the lease agreement.
In connection with the nullity of the lease agreement, the parties to such an agreement cannot refer to its terms in the event of civil and tax disputes.
Remember that not everything written on paper is legally binding. Pay due attention to the specifics of the legislation.
Periodically, customers are asked to translate the relations of the parties in a legal direction, having issued a site lease agreement. However, not all so simple. What problems you may encounter when renting a site, read below.
From the point of view of the Russian legislation and judicial practice, the site is a composite work that includes software, design elements, texts and other objects of copyright and related rights.
')
If we consider the question even deeper, the site can be attributed to the information system, which includes hardware, information in databases, and information technologies that ensure its processing (including software).
The main problem of the use of a site lease agreement is the requirement of legislation on the lease of only individually determined things (Art. 607 of the Civil Code).
The equipment used for hosting a site, as a rule, cannot be individualized, software is also not a thing, unlike its carrier.
Therefore, renting a site is possible only in the form of a lease agreement for a software and hardware complex that can be individualized. That is, a separate server must be used to host the site, which legally belongs to the lessor (property or rent with the right to surrender).
In addition, the landlord must have the right to rent the software. If this is not a self-written engine, the exclusive rights to which are 100% owned by the site owner, then you cannot rent it. In most cases, license agreements for the use of a third-party site engine (CMS) contain a direct ban on its rental.
Thus, the landlord should have the exclusive right to the software of the site or the right to rent it, obtained under a license agreement with the copyright holder.
Only under such conditions a server with an instance of the site software installed on it (the site engine and database) can be leased.
In all other cases, the site lease agreement is void as contrary to the direct indication of the law on the subject of the lease agreement.
In connection with the nullity of the lease agreement, the parties to such an agreement cannot refer to its terms in the event of civil and tax disputes.
Remember that not everything written on paper is legally binding. Pay due attention to the specifics of the legislation.
Source: https://habr.com/ru/post/294398/
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