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Design theft, what will happen?
Hello everyone, I have a question.
I received an order, I won’t fire a complete analogue of a well-known site.
Actually the question is: the design of the site is made on css, well, of course there are a few pictures (I will replace them, this is not a problem), but what about the main structure? CSS will naturally be completely different and the color of some details will also differ by a couple of characters. Can the owner of the original design hold me (or the site owner) accountable later?
In fact, the code will be different, the pictures too.
Tell me please.
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According to my own experience, copies of sites are made on the Internet. It's scary to imagine how many are copied every day. Especially seen on the Landing Page for all sorts of seasonal goods. Someone copied from someone, then they also copied from this one, etc., etc., and then go and prove that you copied it at all, and did not do it yourself. But this is relative to LP.
At the expense of large and well-known sites (copy habr for example) - I would not undertake such work if there is a complete copy. Why? This is nonsense and the customer is crazy, there is neither money nor ... he doesn’t want to raise something to do something of his own, but I can’t stand working with such customers.
If with a solid amount of alterations - this is no longer a copy, but let's say a rewrite)) They don't put them in jail for it))
Include the design of the copied site in the information materials transmitted by the customer and add two liability clauses to the contract:
- The Customer guarantees that the Information Materials provided in accordance with the terms of this Agreement are not burdened by the requirements of third parties, that the Customer is the owner of the exclusive rights to the Information Materials and / or has all the necessary permissions from the authors and other copyright holders in relation to intellectual property, and objects included in the works, as well as in relation to the original works (if the work is a processing and / or translation), and such permissions should in no way infringe on the rights of the Contractor or impede the use of the work by the Contractor in accordance with this Agreement.
- In the event that claims or lawsuits are presented to the Contractor regarding the violation of copyright and / or related rights of third parties in connection with the use of the Information Materials provided by the Customer in pursuance of the terms of this Agreement, the Customer undertakes to settle such claims or take other necessary actions that exclude the occurrence of expenses and damages to the Contractor. And in case of expenses and losses of the Contractor, reimburse them in full.
This does not protect against a lawsuit against the developer, but it does not allow the customer to refer to the developer as the initiator of the copy. Of course, you can attract the owner of a site copy, but for this, the original copied project must be properly designed, not faceless, the copy must repeat the structure and memorable interface elements.
Any project can be done better. It is much more interesting to rework creatively and this will no longer be plagiarism, but a separate work of the designer.
In practice, no. I received a lot of complaints in the mail, in particular, about the removal of entire pages of sites with css images and everything else with minimal changes, and then they changed it only in order to be indexed for us. They can threaten, but in practice nothing can be proved.
If we consider the site as a kind of objective form, then it can be distinguished:
1. Code
2. Design
3. The entire project
Following the letter of the law, we can conclude that the program code itself is only an object of copyright (see Article 1261 of the Civil Code RF), and the design of the site, as well as the entire project, may be an object of exclusive right in the case of established protection over it (see Art. 1353).
Therefore, if the software package has not been properly patented as an industrial design on the territory of the Russian Federation or abroad, then it will be difficult to protect the exclusive rights to this product in court. Plus, it will require an expensive pre-trial and forensic examination of the program code to identify obvious plagiarism.
Responsibility for violation of copyright in works of literature is regulated by Art. 1252 of the Civil Code of the Russian Federation and Art. 7.12 of the Code of Administrative Offenses of the Russian Federation. But, if you are an employee, then your employer will be responsible (see 1253 of the Civil Code of the Russian Federation), and you can hide behind an employment contract and a TK document.
To broaden your horizons, you can see an overview of judicial practice under Art. 1261
https://rospravosudie.com/law/Article_1261_CC_RF
how lucky
if the order is from the USA, and the donor is in the same place, then you may not be lucky, but the order of amounts is from 100k, it is unlikely that you have such a customer
in the Russian Federation in court, everything that is not a photo is unlikely to work, although - for the design of the site all the same can file
I think we need to look at the legal implications. Nothing will happen to you as a performer in any case, as for the owners, it all depends on the qualifications of the lawyers of the site from which you will make a clone. But I can immediately warn you that it would be better to invest in developing your own design, maybe with the same interface concept, but still your own. Not because they can take for f ... but because stealing is bad.
A good number of web studios - charlatans practice this every day and live quite well. So I wouldn't be afraid. However, if the site is well known, I would think about my reputation.
Nothing will happen, especially in Russia, our stores copied only in terms of design and device, then we copied one store and, surprisingly, the customer’s competitors copied it from us =) so don’t worry.
Only if you are not in the USA, they can really sue there.
))) A thief drives a thief ... that's exactly what it looks like!
And this is not in the literal sense, but it is similar to this phrase.
It is worth making your own website template, as it turns out that a similar one has already been made or is stylistically very similar. And this is understandable, since there are a lot of resources, you can’t count everyone.
I think you should not even bother - a fair amount of changes have been made - and this is already a lot!
Contact Kopirus copyright.ru , they will tell you.
Design (graphic design), as far as I understand, may be subject to copyright and relevant laws, this is the right to protect (if the owner of the original site has taken measures to protect).
Regardless of the laws - the customer is either a pest or an asshole.
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