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Afanasiy F2020-08-02 13:30:30
Design
Afanasiy F, 2020-08-02 13:30:30

I'm doing a test task for a job in a company. What should I do to prevent this company from selling my design without hiring me?

The design is well done. There was a thought about the employees of the company. That they should copy my design (and this is a real site, the redesign of which I did), then sell the design to the customer - a representative of this site, and wave my pen or never answer at all again.

How to get out of the situation and not be thrown? Are there any methods to protect such work? The fact is that the design was made for a real company, a redesign of a real working site. No fictitious tasks, and this is alarming.

1) can set the right to view only in Figma? Although a person will copy the page and calmly use it.
2) can upload this work to behance in advance before sending? but this option does not give any guarantees, even if I have proof that this is my design. What to do next with this evidence? What options can you offer?

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S
Sergey Gornostaev, 2020-08-02
@Afanasiy88

If the design is really good, it is more profitable for the company to get a person who knows how to make such designs and sell them to hundreds of customers than to grab the cash once.

L
Legal Adviser, 2020-08-02
@Legal2019

1. If you are a designer, then you have authorship for what you create.
2. If you want to make sure that no one uses your design without your knowledge, then you need to do it under the contract.
3. It is better to register your rights.
4. You still have to spend money on registering your rights.
You can do it through a notary (not everyone does it), you can find out in the FIPS and in the RAO
. At a notary, this is called providing evidence .
Personally, I have not yet dealt with such a question (I did not register codes / designs, and I did not have such questions, and there were no such customers)
If you act by analogy with the most common and less expensive option, then you make a disk with an embedded txt in which you indicate all the main parameters, date, customer, etc., make screenshots for printing in color, make a video recording of the screen according to the site design. In general, you describe the entire design as much as possible, mark and describe each file in txt (for example, style.css - contains code ..., design project.pdf - contains .... etc.), where and when it was done, by whom it was done , including your passport details and registration address.
Then you pack it in an envelope at the post office and send it by registered mail with a return receipt to yourself. You do everything in several copies. As a result, you will get, say, three letters with three identical disks and printed screenshots. It turns out much cheaper than a notary.
This is how authorship rights to works used to be done (articles, books, poems, small drawings / paintings, video and audio recordings)
. And the registration of works is carried out in order to timely and correctly distribute and pay royalties. It is made on the basis of the author's application (declarative registration procedure). It does not confirm the authorship of the works, but is necessary only for the distribution and payment of remuneration. Such registration indicates that the right holder declared himself the author of specific works and instructed RAO to collect remuneration for their use.
FIPS registers applications for a computer program or database.
Taking into account the provisions (for the Russian Federation, which complies with the norms of international law in the field of copyright and related rights), the result of the website designer, incl. with writing codes, refers to the objects of copyright, and therefore, registration is possible, carried out at the request of the copyright holder.
I will note an important point:
Copyright does not apply to ideas, concepts, principles, methods, processes, systems, methods, solutions to technical, organizational or other problems, discoveries, facts, programming languages, geological information about the subsoil.
If you are interested to know what is not subject to copyright, then I recommend reading paragraph 6 of Art. 1259 "Civil Code of the Russian Federation (Part Four)" dated December 18, 2006 N 230-FZ (as amended on July 26, 2019, as amended on July 24, 2020).
I hope I described it in a popular way and was able to answer your question)))
I’m correcting again, because. I forgot to add about the fact that in the drawings make a watermark in some place and in the lower right corner your full name and date.
Rereading my post, I noticed that I forgot to mention that within the framework of patent law, the object of patent rights are the results of intellectual activity in the scientific and technical field that meet the requirements for inventions and utility models established by this Code, and the results of intellectual activity in the field of design that meet the requirements for industrial designs established by this Code.
So the design is protected not only by copyrights, but also by patents.

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