Who is the author of the program?

Eugene2012-06-15 09:09:35

Eugene, 2012-06-15 09:09:35

Hello.
Wrote a custom program. The customer described the functionality in detail and I implemented it.
Who in this case is the author of the application?

According to Article 1228 of the Civil Code of the Russian Federation , the citizen whose creative work created such a result is recognized as the author of the result of intellectual activity. At the same time , citizens who have not made a personal creative contribution to the creation of such a result, including those who provided its author with only technical assistance, are not recognized as authors of the result of intellectual activity., consulting, organizational or material assistance or assistance, either only contributing to the registration of rights to such a result or facilitating its use, as well as exercising control over the performance of the relevant work.

I think that since I created it, I am the author, and the exclusive right to use belongs to the customer.
But just the highlighted fragment of the law confuses ...

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10 answer(s)

Roman Sopov, 2012-06-15
@sopov

In this case, you are an employee, everything that you have done belongs to the employer, unless otherwise specified in the service agreement or work contract.

killov, 2012-06-15
@killov

The author is the performer, the rights belong to the customer in the amount stipulated by the contract. Authorship cannot be transferred (in the Russian Federation).

Vumik, 2012-06-15
@Vumik

You are more like a co-author.
And so - the customer has the authorship of the idea and exclusive rights.
You own the implementation. You can say where you want to say that you wrote, did, drew this product, that is, you will have it in your portfolio, but you will not receive any additional deductions, except for the payment for the work performed.

eaa, 2012-06-15
@eaa

Technical - for example, he gave you a computer on which you wrote. And what you wrote - you are the author of this.

Seter17, 2012-06-15
@Seter17

In this situation, you need to consider yourself as a "technical assistance" - you were told what to do - you did it.

blare, 2012-06-15
@blare

In this case, you are not the author of the idea, but you are the author of the implementation. You wrote the code, so you are the author.

Vladimir Chernyshev, 2012-06-15
@VolCh

The author is only you, if the customer did not dictate lines of code to you, etc. (Here I would dictate - you would provide technical assistance for their commissioning). But exclusive rights by default belong to the customer, although you are free to use this program for your own needs.
Code and resources should not contain lines © yujin1st, although there may be Author yujin1st, and should not contain lines Author <Заказчик>, although there may be© <Заказчик>

ChemAli, 2012-06-15
@ChemAli

How can you prove that your work was creative, if the functionality was described (created) by the customer, and you were just the executor of his ideas?

Mikhail Lyalin, 2012-06-15
@mr_jok

1) depends on the form of cooperation with the customer and its legal registration
2) what makes it difficult to indicate: the author of the idea is xxx, the code is yyy

valiorik, 2012-06-15
@valiorik

The "About" will be your company name or name if you are just an individual. Although the program may not have “about the program” at all. In general, this text is best negotiated with the customer initially.
It is considered good form to sign in the source, leaving the name and contacts in the first lines of the files.