Does the copyright for the code belong if the act of alienation of rights is not signed with the IP?

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crmMaster2017-12-04 11:48:48

Copyright

crmMaster, 2017-12-04 11:48:48

Hello!
I work as an individual entrepreneur, and recently I had to do some work in advance, without concluding a contract.
It is obvious that I did not receive the money, but from the customer I hear "you will prove nothing" and "I have a code - that means mine."
The question is - can I sue this legal entity (or physicist) and demand compensation for the alienation of copyright to the code through the court?
There is evidence that the customer uses my code (access to servers + some architectural features of work)

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4 answer(s)

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GreatRash, 2017-12-04
@GreatRash

How will you prove that the code is yours?

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Sergey, 2017-12-04
@begemot_sun

The whole question is how your customer can issue (legalize) this code. So what if he has it. You have it too. And now let him prove in court that this is his code, and not he stole it from you. You made the code, and never officially passed it on. That. who will issue this code first, that and slippers.
Significant proof of the existence of your code will be a registered letter to yourself, not opened.
That. the fact of possession of this code will be proven at least on the date of sending the letter.
If now your customer (for example, he is an LLC) also issues this code - how can he issue it? well, either by order to an employee, or again by an agreement with someone
and the date of these papers will be later than yours, then you won.
PS Well, of course, it's all written on the water.

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Zr, 2017-12-05
@Zr

IANAL, TINLA.
> Does the [customer have a monopoly] copyright on the code, if the act of alienation of rights has not been signed with the [executor - an individual entrepreneur]?
No.
> It is obvious that I did not receive money, but I hear from the customer " nichonedokazhesh"
What are you going to prove?
> The question is - can I sue [the customer]
You can, of course. Who will forbid you?
Or are you asking about prospects? There is absolutely nothing to judge them by - you did not say anything.
(In any case, there is an opinion that the police are more promising.)
> and demand compensation for the alienation of the copyright to the code?
It is not very reasonable to demand compensation for something that has not yet been.