Over the years here in North Scottsdale, we’ve had numerous clients ask us this very question, whether in the Airpark, the Promenade, Kierland Commons or along the Shea Corridor.
The short answer is that you generally own your website only if your written contract says you do, because paying a web designer does not automatically transfer legal copyright ownership to you. Keep in mind that I am not a lawyer and this is not legal advice.
That said, many local business owners learn this rule too late. They pay an invoice to the web design company, assume everything belongs to them, and later find out they cannot move their website to a new web hosting company or that they might have to pay an exorbitant fee to do so.
The Ownership Myth
Copyright is a legal right. It gives the person creating your website (web designer or web developer) total control over the design and underlying code structure with some exceptions, so you may want to check your web design contract.
Under the law, the person who builds or writes a thing owns the copyright the second it exists. This rule applies to web designers, web developers, writers, and graphic artists.
- The creator is the owner: The web designer or web developer (web design company) owns the code by default.
- Payment does not equal ownership: Paying money for time or labor does not transfer the copyright.
- Silence means they keep it: If your contract says nothing about ownership, the web designer or web developer keeps the rights.
The Four Parts of a Website
There are four parts of your website you must control to truly own it.
The Domain Name
The domain name is your website address.
Who is the registrant: Whoever registers the domain is the registrant, but you don’t actually “own” it, instead you pay for the exclusive right to use that domain name for a set period of time.
The risk: If your web designer or web developer registers the domain you want under their own account, they control your website address, so make sure the domain is registered under your name.
The Content
Content is the text, photos, graphics and videos on the web page.
Who owns it: You own what you write or photograph yourself.
The risk: If the web designer or web developer uses stock photos or writes the text, they might own those specific licenses or words.
The Code
Code is the programming language that makes the website work.
Who owns it: Whoever wrote the code owns it unless the web design contract has a written clause that conveys the code over to you upon final payment.
The risk: Without this clause, your current web designer or web developer could prevent you from taking your website files to a new developer.
The Hosting
Hosting provides the digital storage space for your website files and database which you pay to use on an ongoing basis. Some web design companies will host your website while others let you host your website on a hosting provider of your choice.
Who owns it: The hosting company.
The risk: If you stop paying the hosting company, your website goes down.
The Power of the Web Design Contract
Your rights depend entirely on the paperwork you sign.
- Check for a transfer clause: Look for words like “work made for hire” or “copyright assignment”.
- Verify payment terms: Make sure the web design contract states that ownership transfers automatically once you pay the final bill.
- Watch out for The “Hostage” Trap: Some web design companies build websites on their own web publishing platform. If you leave them, the website stays with them.
How to Protect Your Rights
Here are some simple steps you can follow before work begins.
- Put it in writing: Never start a web design project without a signed contract that assigns the copyright to you.
- Control the accounts: Set up your own domain and web hosting accounts.
- Ask direct questions: Ask the web designer or web developer what happens to the files if you decide to switch web design companies next year.
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