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Igor Tarasov2020-07-12 13:16:59
Copyright
Igor Tarasov, 2020-07-12 13:16:59

Can a web designer require credit for a website design?

The designer worked in a web studio and within the framework of an employment contract and assignment in accordance with Art. 1295 of the Civil Code of the Russian Federation transferred the exclusive rights to the Web Studio.

Web-studio transferred exclusive rights to the Site Customer.

But in accordance with paragraph 1 of Article 1265 of the Civil Code of the Russian Federation: "The right of authorship - the right to be recognized as the author of a work and the right of the author to a name - the right to use or allow the use of a work under his own name, under an assumed name (pseudonym) or without specifying a name, that is, anonymously, are inalienable and non-transferable, including when transferring to another person or transferring to him the exclusive right to a work and when granting another person the right to use the work. Waiver of these rights is void."

It turns out that the designer who developed the design may require that the Website Customer indicate the full name of the designer on his website.

In practice, this does not happen. So far there have been no known cases. But I would like to know if this is possible? According to the law, it turns out that since the author is not listed on the site, the author can prohibit the use of his work without indicating his name.

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5 answer(s)
M
McBernar, 2020-07-12
@McBernar

No, you have a mess in your head.
Copyright is when no one can forbid you to say that you worked on a project. And show this project in your portfolio.
All other rights you transfer under the contract and get your money for it.

D
Dimonchik, 2020-07-12
@dimonchik2013

may
suffice to write in the contract that "to send and be sent is the inalienable right of each party"

S
Saboteur, 2020-07-13
@saboteur_kiev

Yes, he can sue, and maybe even win.
But apparently only if the author of the design clearly wants his design not to be used.
No designer in their right mind would do that.
Otherwise, no one will ever order a design from him again.
In addition, unlike works of art or works of art that are protected separately, design is usually a complex system that always has a technical aspect and the work of other people, therefore sole authorship will be more difficult to prove, and the court may well refuse.
Unlike works on tangible media, design is not the thing where copyright must be put on the back of the title page, so they can make a button in the third menu with a link to the designer as a go-ahead in court and notify the relevant circles that the designer is an asshole . This will likely be the end of his career.

C
CityCat4, 2020-07-13
@CityCat4

Maybe, of course.
But you are confusing property and non-property copyrights. The right of authorship is a non-property right, it is really inalienable. According to it, you can demand that the site says "Designed by Ivan Petrov".
And since you transferred the exclusive rights of the studio, and that one - to the Customer, all property rights (read the Civil Code, since you have taken it) - passed to him. And only he decides whether to use the work or not, especially since the site is a collective product, and not just yours.
You can sue for the right to see this inscription on the site. But, I'm afraid that this will be your last design - designers are now like dirt, everyone rushed to earn money on the web, they will simply stop working with you, considering it inadequate :)

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