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Alexander2020-04-23 19:22:23
Law in IT
Alexander, 2020-04-23 19:22:23

How to legally issue the right to the program code?

Hello.
I ordered the development of a small online service from a freelancer. Without contracts, verbally. The project was completed with a bang.
Now there is a need to legally obtain full rights to own the software code of the product as much as possible. What steps need to be taken for this?

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6 answer(s)
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freeExec, 2020-04-23
@freeExec

It's time to draw up all the same contract and act of transfer.

L
Legal Adviser, 2020-04-23
@Legal2019

It's time to draw up all the same contract and act of transfer.
- 100%
Will they sign the truth now? And is the contract correct?

C
CityCat4, 2020-04-24
@CityCat4

What steps need to be taken for this?

1. Familiarize yourself with Chapter 70 of the Civil Code and understand how they were fooled
2. Draw up an agreement on the transfer of exclusive rights (or some other one - read the Civil Code)
3. Sign and remember about inalienable rights
What is wrong now? And now, formally, there are no obligations between you - the developer made a program for himself , and he gave you boast, but all rights at the moment belong to him. And if you paid him money - you just gave it to him - since there is no contract, there is no work done :)

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Em Ka, 2020-04-25
@Mirkss

Well, not everything is necessarily as terrible as the respected CityCat4 writes.
For the worst option - the programmer contesting your rights - keep all correspondence (you didn’t communicate every time at McDonald’s, is there written evidence of negotiations?)
In addition, money transfers are quite taken into account by the courts - the version "the money was donated, but I sent the code for the sake of boasting ", nevertheless, is too fantastic, and this combination of events is interpreted by the courts as "did the job - got paid." Nobody canceled Occam's razor in the courts)
What would I advise:
1. I repeat - keep all correspondence and evidence of payment. And in printed form too.
2. Sign the contract retroactively, and retroactively sign the acceptance certificate. Is the programmer geographically close to you? Invite me to a cafe - at your expense, of course (hmm, just don't violate quarantine if you have one) and sign everything.
3. At the notary, sign a confirmation that yes, "they concluded an agreement then, the work was completed, transferred, an act of acceptance was drawn up then, the parties to the claims do not have standard blah blah blah."
Everything - you are covered.
Good luck!

D
Denis Grigorov, 2020-05-10
@Glow_Fisch

Someone once gave advice "Burn the source code to disk and send it to yourself by mail. In which case, there will be a registered legal fact that the software belongs to you."
Better yet, file an application for registration of intellectual property.
See Civil Code of the Russian Federation Article 1262. State registration of computer programs and databases

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