Copywriting in the advisor

 

The programmer has written an EA according to the ToR. He has the right to set his copyright in the code.

What is the copyright and what data has the programmer the right to leave?

1) First name, last name nickname

2 ) + contact information

3) Is he obliged to spell out what exactly he was involved in developing the Expert Advisor?

a) The Expert Advisor is fully developed and written by programmer

b) The Expert Advisor is written by a programmer under the terms of reference of the second person (respectively, + information about the developer)


This topic was triggered when I deleted the copyright of the programmer who wrote the Expert Advisor following my TOR and uploaded it for free. He listed only himself in the copyright...somehow forgetting about me.... But when I deleted his copyright, he asked to restore them back. I restored the copyright...it's not a problem...but I want to resolve this issue for myself.

 
Computer programs are registered by filing an application with the federal executive authority for intellectual property. According to the legislation, the application for state registration of a computer program or database (application for registration) shall relate to one computer program or database and shall contain:<br / translate="no">

who did registration? if not, then it is an argument between two schoolboys "who copied from whom and who solved it himself".

imho, you have paid for the work, then the goods are yours unless there are legally recorded other agreements. If the goods are yours to use at your discretion - want to sell, want to spoil

 

Гражданский кодекс РФ от 18.12.2006 N 230-ФЗ - Часть 4

Article 1296. Computer programmes and databases created by order

1. Where a computer program or database is created under a contract whose subject matter was its creation (by order), the exclusive right to such program or database belongs to the customer, unless the contract between the contractor (performer) and the customer stipulates otherwise.
2. Where the exclusive right to a computer programme or a database in accordance with Paragraph 1 of this Article belongs to the customer, the contractor (contractor) shall be entitled to use such programme or such database for its own needs on a free simple (non-exclusive) licence for the entire term of the exclusive right, unless otherwise provided for by the contract.
3. If in accordance with the agreement between the contractor (executor) and the customer the exclusive right to a computer programme or a database belongs to the contractor (executor), the customer has the right to use such programme or such database for its own needs on a free simple (non-exclusive) licence for the entire term of the exclusive right.
4. The author of a custom-made computer program or database, who does not hold exclusive rights to such program or database, shall be entitled to remuneration in accordance with the third paragraph of Section 2, Article 1295 of this Code.

 
IgorM:

imho, you have paid for the work, so the goods are yours unless otherwise legally agreed. If the goods are yours, use them as you see fit - sell them if you like, spoil them if you like


Here I was the same opinion ... but the programmer has another opinion on the general section of the law ... without specifying the article regulating the issue (the presence of copyright) and if it must be in what form?
 

God... Cow you lose...

Your blah blah blah doesn't sign anything at all. So? Has the world turned upside down?

Shit. Who's thinking about what... Weird - who's going to speculate? ))) // I mean, trade...

 
Svinozavr:

God... Cow you lose...

Your blah blah blah doesn't sign anything at all. So? Has the world turned upside down?

Shit. Who's thinking about what... Weird - who's going to speculate? ))) // I mean, trade...


So you clearly divide everything into a cow and a world-turner? Just need to elaborate on the issue for personal understanding and maybe someone else will be interested in this aspect of the relationship with programmers in the future
 
seolink74:

So you're clearly dividing everything into a cow and turning the world upside down? Just need to ventilate the question for personal understanding and maybe someone else will be further interested in this aspect of the relationship with the programmers

?

Yeah - okay. Explain myself... I'm just staying awake and talking to myself - I'm spelling out the answer.)))

Good luck and sleep well!

 

This work has two authors: one is the "writer" (the client) and the other is the "director-producer" (the executor-programmer). The question in this case is about authorship, as I understand it, and not about copyrights (copyright, the right to copy the product, etc.) Therefore I propose to put "titles", both when ordering (in the code) and when publishing the code in the description, the topic on the forum. There would be more certainty and less confusion, both for the author(s) and the majority of the public, who are more interested in the author(s) than in the copyright of the product!

 

seolink74:

This topic was prompted to me when I deleted the copyright of the programmer who wrote the Expert Advisor to my TOR and posted the EA on the public domain. He listed only himself in the copyright...somehow forgetting about me.... But when I deleted his copyright, he asked to restore them back. The copyright was restored...not a problem...but I want to resolve this issue for myself.

apparently, the copyright doesn't mean the copyright, which belongs to the author of the idea, but a free artist advertising.

If this advertisement has not been agreed upon originally, there's no reason to demand it.

 
Andrei01:

...if this advertising was not agreed to in the first place, there is no reason to demand it.


Completely agree, especially as such data is subject to change and does not determine (assign/cancel) authorship.
 
Let me clarify one point. Agreements can be different, but in this particular case, the client published the code in his own name, removing the copyright himself. It's good that the misunderstanding has been resolved, as the transfer of authorship (rather than rights to the product) is a special, rather rare case.
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