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Vadim2011-06-14 11:25:12
Copyright
Vadim, 2011-06-14 11:25:12

Question about copyrights on the site?

After the site was published, the client removed the copyrights to the designer's page, although there is a clause in the contract for the creation of the site that copyrights must be. That is the question of how to force the client to return copyrights? He doesn't answer emails. And do I have the right to ask him about it?
The designer is a freelancer, but the project was made under a contract.

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2 answer(s)
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aleyush, 2011-06-14
@de_arnst

> in the agreement on the creation of the site there is a clause that copyrights must be.
> And do I have the right to ask him about it?
The contract shall be executed unless the parties have agreed otherwise.
But here you need to look at what is actually written in the contract. For example, does the client have the right to create his own design based on the given copyright removal method and use it. Or remove the copyright after some time. Or ... (thousands of options).
> That is the question of how to get the client to return the copyrights?
If the contract really requires this (see above), then in exactly the same way as the execution of any other clause of the contract (for example, payment):
- an attempt to resolve by negotiations;
- pre-trial claim;
- court.
Unless, of course, are ready to butt.

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Vladimir Chernyshev, 2011-06-14
@VolCh

In my opinion, he is obliged to refer to the author of the work, if the author did not expressly allow him not to refer to the contract. But in what form he will do this is his own business, unless the contract provides otherwise. For example, in the HTML comments of a single page of the site - it is quite legal, IMHO, because the "link" in the language of the law is far from the same as the <a> tag in HTML.
If the contract clearly spells out the technical requirements for the link, which, in addition, must be on each page of the site, then the court may well satisfy your requirements to indicate it and additionally compensate you for legal costs (which you must incur at first on your own, at least the state fee for considering the case ). Plus, theoretically (if you are registered as an individual entrepreneur) - lost income if you can prove to the court that if you had a link, you could have received it. If you worked as an individual, then there is a chance to receive compensation for non-pecuniary damage (but it’s also important not to fall under articles on illegal entrepreneurial activity).

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