Whether a user trebovat to get him the materials posted in the public access?

Imagine there is a Playground, type, Habra, where users can publish their articles.

When you register they agree to the rules, which States that by posting articles, they give approval for their publication/demonstration and so on the vastness of this site.

If the user is permitted to request removal of your article they published on this website? What law is it regulated?
July 8th 19 at 15:37
5 answers
July 8th 19 at 15:39
Solution
The answer is found, under these conditions, the user is not entitled to delete the published materials. First, the acceptance averty, which States that the user agrees that their published materials can be used - means that the author grants the right to use his product for a simple (nonexclusive) license. Second, if the author has given consent to the publication of a work, to withdraw this consent, he is entitled only to the date of publication.
July 8th 19 at 15:41
No, it has not.
If placed under contract - everything is solved by the terms of the contract.
If the materials were posted without the knowledge and consent of the user can resolve the issue through the courts.
To clarify. If the user has agreed with the public offer, which States that the author by posting materials gives consent for their demonstration on this website, he has no right to require these materials be removed? - Eli commented on July 8th 19 at 15:44
: Offer this type of contract. The user accepts and agrees to the terms.
If the terms of the contract clearly specified that the user can retract their publications, it has not. - earl.Weissnat commented on July 8th 19 at 15:47
In fact, everything is simple - initially we must look at the law.
But the law is clearly such a right, the user does not.
And if law is no law - then the only option to provide for such conditions in the contract.

This is the General case.
In particular, there may be deviation - for example an article posted without your consent you can go to court to prove it and the court will be obliged to remove the material. - earl.Weissnat commented on July 8th 19 at 15:50
: thanks for the clarification! - Eli commented on July 8th 19 at 15:53
July 8th 19 at 15:43
Yes.
Copyright.
: 1269 article suggests that the author may terminate the contract at any time prior to publication. For example, if he is embarrassed. - Eli commented on July 8th 19 at 16:37
No 1269 no 4.8 do not apply to what you are looking. - Rachel_Considine commented on July 8th 19 at 16:40
By agreeing to the terms of use the user grants the website the right to publish his works. That is the site vested rights, isn't it? What point of the copyright law regulates that? - Eli commented on July 8th 19 at 15:46
: The website, of course, sprashivat permission to publish.
But permission for the publication of articles and the permission to dispose of the articles (and even without payment to the author) is not the same thing. - earl.Weissnat commented on July 8th 19 at 15:49
No sane author will not go for it (if, of course, read the EULA). - earl.Weissnat commented on July 8th 19 at 15:52
: see. The website asked permission to publish, the user has given it. Now the website has the right to publish material, which makes and nothing more. Otherwise do not use. - Eli commented on July 8th 19 at 15:55
:
simple permission to publish to your case is not enough.

if the agreement between the author and the website explicitly does not indicate that the website is now free to dispose of the published materials on your own (well, or just that the published material cannot be recalled), then nizzzzya. - Eli commented on July 8th 19 at 15:58
: and you can link to a paragraph of the law governing this? - Rachel_Considine commented on July 8th 19 at 16:01
:
www.consultant.ru/document/cons_doc_LAW_64629/771a...

If there is no agreement explicitly site any corprew has not. - Rachel_Considine commented on July 8th 19 at 16:04
: is there such a right, the rights holder to demand to remove the material the publication of which he approved? - Eli commented on July 8th 19 at 16:07
: that's my point - if the original agreement did not appear in an explicit form the alienation of the rights, all rights remain with the author.
including to prohibit the publication. - Rachel_Considine commented on July 8th 19 at 16:10
have rights have names and definitions. Here below suggested "right to opinion". - Eli commented on July 8th 19 at 16:13
: there is no such "right to opinion".
copyright - it is solid.
the author has all rights. - Rachel_Considine commented on July 8th 19 at 16:16
:
the "right to opinion" - it's just the application of the law to dispose of it.
the author may be deprived of the right to dispose if the object of copyright is alienated.
to sell you need to sign the contract.
conventional agreements on the websites are not contracts of alienation.
if you try such a contract vtihorya to stick on your site, then expect that no one read it. for the bucks you have nothing no one won't publish. - Eli commented on July 8th 19 at 16:19
if we take as an example the same Habr, look it agreement https://habrahabr.ru/info/agreement/ item 4.8.

The user has the right to demand to remove the content posted under that license? - Rachel_Considine commented on July 8th 19 at 16:22
:

www.consultant.ru/document/cons_doc_LAW_64629/a785...

"The author is entitled to the actual publication of the work to abandon the earlier decision of its publication (right of withdrawal), provided compensation to the person who alienated the exclusive right to the work or granted right to use the work caused by such a decision loss"

Doesn't that mean that the author has the right to exercise their right to review only "to the actual publication of the work"? If we are talking about already published material, it means that the author has no such right. - Eli commented on July 8th 19 at 16:25
Yes. I was removed from Habra. Wrote to them - they cleaned it up without question. - Rachel_Considine commented on July 8th 19 at 16:28
: Here you are rested. Well, not delete. If the author is not lazy - will get the loot. Or to block your site. - Rachel_Considine commented on July 8th 19 at 16:31
: Something that is written in Habra 4.8 - this is the "right to publish". No more. - Eli commented on July 8th 19 at 16:34
: I do not quite understand why. The author agreed to an offer - given right to use posted materials. Placed, materials were published. So, according to article 1269 he can no longer recall. What is the error? - Rachel_Considine commented on July 8th 19 at 16:43
:

Russian legislation (and all countries that inherited the Soviet legislation) great and protects the interests of the common "workers".

For example, if you are a programmer and work for a business and writing software, but the company has not entered into additional agreements for the alienation of copyright, that, having retired, you may start a firm and sell the software legally. No matter what made it on someone else's equipment and other people's money (for wages).

In the US, quite the opposite. If you wrote the entire program in my spare time on a home personal computer and then 1 again tested on the equipment of the company where you worked, then the firm already has all chances to sue you made you software.

We have the same initially, all the rights from the author. And if these rights are not alienated by a special agreement (including the offer come down), they have the author remain.

What you refer to is quite different. You have written a book. Took it to the publisher. Publishing house for your money prepared the edition. Then you decided that the book is too weak, unworthy of your level. You may be withdrawn in a subsequent moment, but to compensate for the publishing firm, the money spent on the circulation, on the circulation at cost.

When circulation is released (published) - you can only buy back all the copies. Yes, even at retail price.

With the Internet this is not the case. Habr performs duplication continuously. In fact, every user who have downloaded the page with your article - got released especially for it the run in 1 instance. Thus, to withdraw the publication on the Internet, you can at any time.

Unless your copyright was not disposed of in a special way. What usually is done solely for the specie. - Rachel_Considine commented on July 8th 19 at 16:46
:
The author agreed to an offer - given right to use posted materials.


If the offer is not a word about the alienation of copyright, then the author was all right. Including and mind. That is left the right to dispose of. - Rachel_Considine commented on July 8th 19 at 16:49
: I can't find this in the law. The law States what is the disclosure that the author transmits to another person a work to use (the use is not an exclusive right) is deemed to have agreed to the publication of this work. Then they say that the author may withdraw the right to disclosure only to the publication and only refunding the losses.

What is not stated in the law:
1. That publishing to the Internet occurs by the principle that you describe (the law says that the publication - the first publication of the work, not copying).
2. The author must convey the exclusive right, to lose the right to withdraw the publication (the law says that the author should only give consent to use the work (not exclusive right), for the publication of a third party. Then he can withdraw only up TO the promulgation promulgation. ) - Rachel_Considine commented on July 8th 19 at 16:52
: We don't have to build itself from the lawyers.
If you're really interested ask on a dedicated forum where lawyers hang out, not the pros. - Eli commented on July 8th 19 at 16:55
OK, I just thought you are in the subject. - Rachel_Considine commented on July 8th 19 at 16:58
: I consulted a lawyer friend. of course, the bucks, he has no desire to provide links to the laws. he told me purely an acquaintance explained his vision of this case. - Rachel_Considine commented on July 8th 19 at 17:01
@qweqwa> for example, if you are a programmer and work for a business and writing software, but the company has not entered into additional agreements for the alienation of copyright, that, having retired, you may start a firm and sell the software legally. No matter what made it on someone else's equipment and other people's money (for wages).

Here in more detail, please. What makes you think that? In Russia exclusive rights to the work created in the execution of job duties belong by default to the employer. - Eli commented on July 8th 19 at 17:04
July 8th 19 at 15:45
has the right to demand. it's obvious.

Google "right to opinion"
Civil code Article 1269. if you about it, tells a little about one another, there are some "if" Google GK - Eli commented on July 8th 19 at 15:48
www.consultant.ru/document/cons_doc_LAW_64629/a785...

"The author is entitled to the actual publication of the work to abandon the earlier decision of its publication (right of withdrawal)... "

Doesn't that mean that the author has the right to exercise their right to review only "to the actual publication of the work"? If we are talking about already published material, it means that the author has no such right? - earl.Weissnat commented on July 8th 19 at 15:51
July 8th 19 at 15:47
The author should of course consult with a lawyer, but I would start from the following:


Civil code Article 1272. The distribution of the original or copies of a published work

If the original or copies of a work lawfully introduced into civil Commerce on the territory of the Russian Federation by their sale or other alienation, further distribution of the original or copies of a work shall be permitted without the consent of the rightholder and without payment of remuneration, except in the case provided by article 1293 of the present Code.
(as amended by Federal law from 12.03.2014 N 35-FZ)
(see the text in the previous edition)

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