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What to do if the client asks to remove the work from the portfolio?
Good day!
The first time I encountered the fact that after quite a long time I was approached by one customer, for whom I made up a page for the site, with a request to remove the work from the portfolio. I have no desire to clean something - I'm looking for a job in the office and everything that was once done will come in handy. There were no agreements not to place either. How did you deal with such situations? And what could be fraught with refusal to clean up?)
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If we are talking about a software product (it doesn’t matter whether it’s layout or server part), design, and so on:
Contractual registration of rights to software
1.2. Custom software development The
second option for creating software is to commission its development to freelancers.
In this case, the relationship of the parties must be formalized by a civil law contract. When performing work on the creation of software directly by an individual (author), an author's order agreement is concluded (Article 1288 of the Civil Code of the Russian Federation). The issue is solved similarly when software is created by a team of authors. In this case, all authors are simply indicated on the performer's side.
A feature of the author's order agreement is that it can provide for both the alienation to the customer of the exclusive right to a work that should be created by the author, and the granting to the customer of the right to use this work under a license. Since, as mentioned above, the exclusive rights to a work initially arise from its author, the absence in the contract of the author's order of conditions for the alienation of exclusive rights to the work to the customer entails the preservation of such rights for the author.
Accordingly, in the relationship " customer - author (freelancer) ", there is a presumption of preservation of rights for the author, unless otherwise provided by the contract .
Therefore, in the contract of the author's order, it is necessary to clearly state that the author alienates exclusive rights to the customer. In addition, it must provide for the deadline for the execution of the order and the amount of royalties for alienated rights. Otherwise, the contract will not be considered concluded, and the rights will not be transferred to the customer.
Fallacy: 5 . To become the owner of the program, it is enough to hire a programmer and pay for his work under the contract.
In fact: The transfer of rights is an independent legal act, which must be unequivocally fixed by the contract and documentation. In order for you to be recognized as the sole owner of the rights, this must be expressly recorded in the documents.
Tip: Include terms in the contract:
(1) about the payment of royalties;
(2) on the granting or alienation of rights to the Customer;
(3) about the impossibility of waiving the right to publication.
Always formalize the transfer of rights by an act or include such conditions in the executive documentation.
Also, in many web studios, they also put their own copyrights on the delivered product. And to remove the copyright from the site with a link to "developed by LLC Roga i Kopyta" costs money. For "the cost of the work included a component of the creator's advertising", and when removing it, it must be paid off (paid).
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