The main legal errors of web studios

Even 30 years ago, the work of the artist required not only imagination and skill, but also bodily costs. Yes, the designer could say goodbye with vision and posture. Having got bored in the fetal position, in the dim light of an icon lamp, the artist created his masterpieces without the help of a computer. Soviet animators, for example, hand-drawn all the characters in the Twelve Months cartoon with all the gestures.

“Twelve Months” - a frame from the Soviet cartoon based on the play by S.Ya. Marshak, 1942–43

Time runs. There is computer support. Now the work of the artist requires the development of computer programs, imagination and much more. The work did not become easier, but it went with the times. There was a completely new profession - web designer. The profession is new, and the laws apply to it the same. Often, the web studios themselves are managed by the people of the creative warehouse and they are simply not up to all these delays and signing papers. Therefore, web studios often have legal problems. Consider those that are most often found in legal practice.

Problem one: the customer does not pay

Details and shades of such a problem can be many, but the essence is always the same. You did your work in whole or in part, and the customer sent you and refused to pay. Unpleasant situation, and how to prove that you are not a camel? Do not be sad and do not whimper, the problem is solved ...
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Decision:

1. Provide a clear algorithm for acceptance of work.
2. Set a short term review of the pre-trial claim.
3. Remember about the retention of exclusive rights to the result until one hundred percent payment.
4. Check the counterparty before entering into a contract. It happens that the brand is well-known, and on its behalf is a one-day show.

Problem two: the customer forces you to redo everything 100 times

The first 20 edits you submit meekly, but patience comes to an end. Furious? And no wonder.

Decision:

1. It is necessary to state in detail in the contract a clear procedure for accepting work, including all on the part of the site design.
2. Write down detailed specifications. This should be done before the work on the project begins. Set yourself specific tasks and coordinate everything with the customer. In the technical task do not forget to specify the time by which the project will be completed.

Problem three: the customer requires confirmation of the rights to the product or part of it

To transfer the exclusive rights you need:

1. The existence of a provision for an employment work to which to refer in the employment contract.
2. Take into account that the amount of remuneration for the transfer of exclusive rights should not be included in the salary. For convenience, you can prescribe that the alienation of each result of intellectual activity is charged 3,000 rubles (for example).
3. Sign an act of transfer of exclusive rights with an employee. The condition on the amount of remuneration should be displayed in the contract and in the act.
4. To stipulate in the employment contract that the employee not only transfers the rights to works of service, but also all workers and source materials.
5. To register in the employment contract that all the developments, the source codes that were created during working hours, belong to the employer. Freelancers are a little different, but that's another story ...

Decision:
If the customer asks to confirm the rights to the site, this can be done only by providing contracts with employees, which indicate that the rights are transferred to the employer, where the amount for the transfer of exclusive rights is separately allocated.

If you are a creative person, this does not give the customer reason to believe that you feed on the holy spirit. You did not find yourself in the garbage. For your work, you should get paid. This is normal. Your commandments in working with the customer are:

• make out relationships with the authors (no matter who he is: a worker, a freelancer or a contractor);
• build business processes in accordance with the developed documents;
• Create a list of tasks only through CRM.

Problem Four: the management of the legal entity has changed, and they refuse to pay you

You have fully developed a product, such as a website. The layout is ready, everything looks good, everything is clickable and ready for release. The decisive moment has come - you should be paid, but it turns out that “you haven’t ordered anything from you” and “who you really are, we don’t know you”. The new leadership of LLC does not need web designer services at all, the site is also not needed, all of them are over 70 and they work on wooden calculators.


Photo: time-news.net

Decision:
Make a contract with the customer so that formally alien staff changes you did not hurt. What is vital for you?

1. Contract (at least scan signed with the seals of both parties)
2. Signed annex to the contract (with a pre-agreed price)
3. Directed acts of acceptance of work
4. Indication in the contract that in case of termination of the contract at the initiative of the customer, he must pay for the actually rendered services. You can even provide a fine.

Remember: Anyone can hurt an artist! Yes, and creative people are arranged so that they will not go to war. Although it would be worth it! And it is better, in order to avoid war, to build business processes correctly and everything will be fine!