Creation of a website according to a ready-made design: what type of contract to choose, how to protect the developer's rights?

Question

Copyright

Greetings!
I am a sole proprietor doing web development. Almost all orders are layout and / or programming of websites according to ready-made design layouts. I doubt how to draw up contracts for such work; is it possible to contract an author's order if the site design is already ready, and I:
- draw up the work (?) in a completed form, with which you can already work, fill it with content, etc.?
- I create a site layout (often a completely viable product even without installation on a live engine)?
- I am writing a separate module / plugin for an already finished site?
Or is it more like a row? There is another option - the organizer of a complex object . But, as far as I understand, the site is definitely not considered a complex object.
A similar situation: the site engine is already installed, part of the layout and implementation of the template is done, but very crookedly / not completely, the site is in its raw form. Is it permissible to conclude a DAZ in these cases?
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Also, can the programmer retain the exclusive right to the resulting site/module? In particular, I would like to be able to prohibit the customer from selling my developments to other persons (including within a complex object) without my consent and remuneration. Which is impossible, if I'm not mistaken, as part of the work on a work for a complex object.
Thank you!

Answer 1

Good day!
proceed from the fact that when the customer asks you to perform some action : revision, filling, finalization, then the agreement with the customer will most likely take the form of a work contract or a contract for the provision of paid services.
If the customer asks for a certain result of creative work: site, site module, plug-in, or you can prove that what the customer is asking for is the result of creative work, and describe it (attach a color sketch of such a result, etc.), then it makes sense to lobby for your copyright on the result of such creative work 1. conclude an author's order agreement, 2. dispose of copyrights (provide for the conditions for the transfer / use of your right by the customer directly in the author's order agreement or conclude a separate agreement on the alienation of the exclusive right / license agreement).
In order to apply the author's order agreement in the example with revision, it is important to imagine in advance the amount of your contribution to the final "working" result and the ability to single out this contribution as a separate result of creative work: content - as separate articles, part of the site in the form of modules, "pictures" - like the images you made and which belong to you.
Much will depend on your ability to persuade.

Answer 2

If you ask for exclusive rights for all your works, then no one will order anything from you. Sophisticated and fashionable things that can be sold or rented and ready to be installed and used (and maintained by you) can be patented and have exclusive rights.
But just look at how many copyright infringements the giants have, and that they catch everyone in a row. Copyright - only for a unique product and invention, it does not matter if the design, source code, writing circuits, etc.

Answer 3

Firstly, the site itself is not a work, only its content, which will be the result of your creativity, and this is an important point, because in this case there is no point in writing DAZ about the site, because it will not be the object of your copyright. If you are interested in more information, we could help you draw up an agreement. I think we will agree) write to [email protected]