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evilelf2019-05-13 17:50:41
Law in IT
evilelf, 2019-05-13 17:50:41

Who owns the rights when working in a company with a standard employment contract?

Hello.
Here you have created a service, one, but you were paid salary at the time of creation.
Do you have rights to your intellectual work?
Can they change the code without you if you did not give permission for this?

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4 answer(s)
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BasiC2k, 2019-05-13
@evilelf

See my answer here: Does the wording in the TD take away the rights to non-work related intellectual property from the Employee?
In addition - if you have not alienated your rights to the author's work (program), then the rights belong to you. In this case, you cannot use the code or part of it without your permission.
On the other hand, if you go to court, be prepared to provide all the evidence base confirming your innocence.

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CityCat4, 2019-05-13
@CityCat4

God, when will people start reading the legislation before asking :)
There are property and non-property copyrights.
Non-property rights - this is the right to be called the author and the right to use one's name, nickname or publication without indicating the name ( Civil Code of the Russian Federation article 1265 ) These rights arise at the time of completion of the work and it is impossible to refuse them in principle. Even death does not change anything - because Pushkin died, he did not cease to be the author of his works.
Property rights are the Civil Code of the Russian Federation, Article 1270 The exclusive right to a work
An employee creates the Civil Code of the Russian Federation at his workplace,
Article 1295 An official work of the
Civil Code of the Russian Federation, Article 1296 A work created by order
If it was not his responsibility to create this work, then the
Civil Code of the Russian Federation article 1297 A work created by ...
That is:
- copyright in all cases is yours
- exclusive rights in the event that you were paid a salary for creating a product, the creation of which was part of your job duties - belong to the employer, unless otherwise provided by the contract :)

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GavriKos, 2019-05-13
@GavriKos

You need to read the contract - everything is written there.

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