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xmoonlight2016-06-29 17:02:34
Layouts and prototypes
xmoonlight, 2016-06-29 17:02:34

Who owns the rights to the work created in the on-line constructor/editor?

Hello.
The site has a Design Generator tool , where in a couple of clicks you can create a design layout by choosing the right colors.
How, in this case, are the rights to the resulting work assigned by law?
That is, who will have what rights to use this design layout, if nothing is indicated on the site regarding licensing, and can (should) it be indicated?
In advance, thank you all for your help.

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3 answer(s)
G
Galina, 2016-06-30
@xmoonlight

If this is still considered design, then let's go from the end.
1. Copyright arises from the moment the work is created. In this case, the work will be a materially expressed idea of ​​the site design. Those. the result must be fixed in some way.
2. Presumption of authorship. Its essence, according to Art. 1257 of the Civil Code of the Russian Federation, paragraph 1 of Art. 15 of the Berne Convention for the Protection of Literary and Artistic Works that since the person whose name is indicated on a copy of the work is recognized as the author, until proven otherwise, the author proves his authorship by presenting the earliest copy with such an indication.
3. We read the user agreement on the site.
In the best case, we see that the site owners do not claim the Works created on the site, however, they do not position the site as a tool for "creativity". Thus, if the author of the Work is not bound by the contract of the author's order, then the Work (design) belongs entirely to the Author and he is free to dispose of it in any legal way.
If there is a copyright order agreement, we read the agreement.

A
Alexander, 2016-06-29
@ghost1k

what design is that :D

O
other_letter, 2016-06-29
@other_letter

Nobody. The rights to the design layout are stupid.
You can register individual elements, the picture as a whole ...

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