Does the customer have any rights to the software?

Question

Freelance

Good day.
There is a project developed to order without any contracts from scratch and by one person.
Payment was made hourly, the client said what was needed, and the performer performed.
All this was recorded in a notebook and a kind of balance was kept :)
All this time the client worked with this software, earned money , etc.
In the end, the client's payments began to be delayed and the balance went far into the red.
In this regard, the further development of "Wishlist" was frozen and pending payment for what has already been done .
Attention, questions:
1. How legally "uncompromising" on the part of the customer will be the sale of the project to third parties by the executor?
2. From question No. 1, the question arises - will the customer have the right to demand a refund from the contractor?
3. And, in fact, does the customer have any rights to this software?

Answer 1

The basis of the question is whether the contract is recognized as concluded or not.
If recognized, then according to 1296 of the Civil Code of the Russian Federation "The exclusive right to a computer program, database or other work created under an agreement, the subject of which was the creation of such a work (on order), belongs to the customer, if the contract between the contractor (executor) and the customer does not provided otherwise."
That's what you dance from. I recommend to the rest of the advisers who come running to refrain from interpreting the situation in the way "as they understand and feel it."

Answer 2

The user acquires any rights to use the software exclusively under an agreement or under a license agreement (acceptance of which is interpreted as joining the offer agreement). There is no contract - the software is used illegally, the user can be attracted under the article.
The exception is if the software is developed within the scope of official duties, then the property rights by default belong to the employer.

Answer 3

1. How legally "non-compliable" on the part of the customer will be the sale of the project by the contractor to third parties?

If he has the source code, then you will still have to prove that you are not a camel, or rather, that you are exactly the camel that developed all this. Fingerprints do not remain on the program code.
Did he pay the performer something? Is there any documentary evidence of any payouts? If you signed in a notebook, then this is already evidence. In this case, it can be assumed that the contract was concluded orally (the legislation provides for such), and then - where the curve of Russian justice will lead. With a high probability, it can be assumed that if the contractor signed for the receipt of funds, the money will have to be returned, or somehow prove a) the existence of an agreement (albeit oral), and b) the existence of the fact of work performed.
He may well claim that he is the author of the software, and you stole everything. We have the presumption of innocence, so it will be up to you to prove that the customer appropriated something for himself there.

Answer 4

If the customer paid without any legal basis (not a single signed document such as a contract), then
1. You fall under illegal business activities.
2. The customer falls under illegal entrepreneurial activity (this, by the way, is not accurate, unlike clause 1)
But if you feel the power to return to the customer, if anything (if like a court), all the money received, as a result, will receive sole full rights, and then depending on the situation (require the customer to pay for the use of your tariffs, for example) - then go ahead.
But it is better to agree (it is possible from a position of strength - this is also an agreement).

Answer 5

the main thing - do not forget that you are not in the USA
in general, selling to competitors is unethical and sometimes harmful to health and / or biography

Answer 6

IANAL, TINLA.
> There is a project developed to order without any contracts from scratch and by one person.
It is highly doubtful. Not telepathically, he knew what exactly he needed to do and how much he would be paid for it. There must have been some sort of agreement.
> 3. And, in fact, does the customer have any rights to this software?
And where are they located? So, for example, in Russia, exclusive property copyrights are transferred from an employee to an employer by default. From the author to the customer - no (comrade BBmike is wrong), that is, you need to explicitly prescribe this.
And it is precisely to prescribe - license agreements, and even more so contracts for the assignment of exclusive rights, are concluded there only in writing.

Answer 7

Without contracts - it's too abstract.
Even in the traffic police there is a procedure for re-registration of the owner of a car "on the basis of an oral agreement"
Well, as if a hint for "twisting the arms" of the customer: copyright for a work / software product arises by virtue of its creation and the author has the right to dictate a bunch of moments within the framework of personal non-property rights.
By the way, authorship can be documented.

Answer 8

Did you pay taxes on it at all? If not, then all this butting can come out to you even more expensive than unpaid hours. In this case, it is better to forgive and forget. Pieces of code can be used in their future developments, no one will check and compare. The main thing is that the user interface is not the same or very similar.