Do You Own Your Web Site Design?

Your web site has been up for a few months and you are making money hand over foot. While surfing sites one evening, you are shocked to find a competitor using your design. You find out your designer sold them the same design. They must be breaking the law, right? It all depends on whether you own the copyright to your web site design. Many site owners are shocked to find out they do not.

What is Copyright?

Copyright is a method of protection for authors of original works such as literature, computer programs, music, artistic pieces and photographic images. The protection provided by copyright arises under Title 17 of the United States Code. A copyright gives the owner the exclusive right to do or authorize others to: reproduce, prepare derivative works, distribute copies, publicly display and generally use the material that carries the copyright in exchange for something, typically a royalty or fee. The copyright owner often grants this use through a license agreement, but can sell it outright.

Who Can Claim Copyright?

Copyright protection is created IMMEDIATELY upon the creation of a fixed form of the material in question and granted to the person that created the material. For instance, I automatically own the copyright to this article upon completing it. I am not required to file for an official copyright with the US Copyright Office to prove that I am the owner of the content. However, if I want to sue a person for using my article without permission, I must first register it.

What If I Hire Someone To Create A Web Site For Me?

If you hire a person or company to handle the design of your site, the complexities of copyright become a major issue for you. Specifically, the issue of "work for hire" is critical in determining whether you own the design.

"Work for hire" refers to the relationship between your business and the person creating your web site. If this person is an employee of your business and creates the material within their scope of employment, then your business owns the copyright. However, what happens when the designer is not an employee? In such a situation, the following must occur for the copyright to automatically transfer to you. The work must be specially ordered or commissioned for use as:

  • A contribution to a collective work,

  • A part of a motion picture or other audiovisual work,

  • A translation,

  • A supplementary work,

  • A compilation,

  • An instructional text,

  • A test,

  • Answer material for a test, or

  • An atlas.

    It is my opinion that the design of a web site does not fall into any of the above categories. As a result, you do not own the copyright to the design and can do nothing about the fact that one of your competitors is using the design. Obviously, this is not the answer that most site owners want to hear. So, what can you do to protect your business?

    When you hire an outside party to design, alter, amend or improve your site, you must have them sign a written contract. The contract must include a clause clearly establishing that the copyright to the material produced is vested with you, not the designer. You should then file the contract with your important documents as some designers "forget" that assigned the copyright to you. Presenting a copy of the contract and noting that it allows for the recovery of attorney's fees usually solves the problem.

    The issue of copyright ownership of a web site or aspect of a site pops up often. Finding your design being used on another domain is bad enough, but it can get worse. If you sell your business, the attorney for the party purchasing your business will always ask about the copyright of the site as part of the due diligence process. More than a few business deals have fallen apart when the lack of copyright ownership is discovered. Obtaining copyright at the outset of your business effort will avoid serious problems in the future.

    About The Author

    Richard Chapo, Esq., is with http://www.sandiegobusinesslawfirm.com offering business law advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.

    Wood Dale Chicago prom limo .. Lockport Chicago limo O’Hare
    In The News:

    Stay up to date on the latest AI technology advancements and learn about the challenges and opportunities AI presents
    Internet browsers are useful, but they can be dangerous. Clicking on malicious links can direct you to dangerous websites that steal information or infect your device.
    Apple's latest iOS update introduces advanced artificial intelligence capabilities, which may be capturing and analyzing sensitive information.
    Breach site confirmed 56,904,909 Hot Topic users' data leaked online. Tech expert Kurt “CyberGuy" Knutsson says the company's silence makes matters even worse.
    Tech expert Kurt “CyberGuy" Knutsson discusses how an innovative Easy-Way kit turns standard strollers electric, simplifying navigation for parents.
    Tech expert Kurt “CyberGuy" Knutsson talks about T-Mobile being hacked in broad cyberattack on global phone and internet companies.
    Tech expert Kurt “CyberGuy" Knutsson shows you how to add, customize and manage widgets for quick access to apps and info from your iPhone home screen.
    Wrong Google searches can not only compromise your device and personal data. They can also bring law enforcement to your doorstep. Hackers are targeting Google searches.
    China's Shanghai Kepler Robotics has developed a new humanoid robot that can carry up to 35 pounds per hand for commercial applications across various industries
    Checking your hearing has gotten easier with the new hearing test feature in AirPods Pro 2. You can take reliable hearing tests using your iPhone or iPad.
    Stay up to date on the latest AI technology advancements and learn about the challenges and opportunities AI presents now and for the future.
    Kurt "CyberGuy" Knutsson explains how a VPN — virtual private network — works and how running it can slow down the operation of your device.
    The WalkON Suit F1, an exoskeleton developed to help people with disabilities, can actually walk over to a person in a wheelchair, solving a major problem.
    ClickFix, a new scam targeting computer users, is on the rise in the U.S. The scam prompts its targets to click on a link to fix a problem.
    Skydweller is the world's largest unmanned solar-powered aircraft that can stay airborne for weeks, and even months, without refueling.
    The U.S. government said it is investigating after People's Republic of China hackers targeted commercial telecommunications service providers in the U.S.
    Stay up to date on the latest AI technology advancements and learn about the challenges and opportunities AI presents now and for the future.
    Scammers are using increasingly sophisticated ways to lure unsuspecting victims, and some are impersonating an email help desk or support team.
    You can unsend or edit your iMessages with the latest iOS updates. Kurt the CyberGuy explains how you can save yourself some potential embarrassment.
    Kurt “CyberGuy" Knutsson says there’s been a rise in cybercriminal services using hacked police and government emails to send subpoenas and data requests to U.S. companies.
    Kurt “CyberGuy" Knutsson discusses how Axiom Space and luxury designer Prada are collaborating on NASA's Artemis III spacesuit design.
    Voice assistants may cause confusion across devices. Tech expert Kurt “CyberGuy" Knutsson offers some solutions to fix it.
    Shameless scammers trick veterans into giving personal info or cash. Tech expert Kurt “CyberGuy" Knutsson explores five common scams.
    Tech expert Kurt “CyberGuy" Knutsson helps you honor our heroes with these powerful podcasts, audiobooks and documentaries this Veterans Day.
  • How Do You Make A Website?

    No, that's not the real question. The real question is... Read More

    Caveat Scriptor: Use the Advice of Those Who Know Before You Build a Site

    ~A man [woman] is a success if he [she] gets... Read More

    Freelancers Bite Back!

    The Internet has seen an explosion in so called 'lance'... Read More

    Graphic Design Using Color

    Color is everywhere and conveys a message even if we... Read More

    Maximising Web Site Viewability - Resolution

    This is my second article on maximising web site viewability.... Read More

    Graphic Terms- The Basics Part I

    You're almost set. The content of your website, e-book, or... Read More

    Leave Those Links Blue!

    Don't mess with those links! When you're designing your site,... Read More

    Web Design:10 Magnificent Millionaire Dollars Ad Copy Secrets To Empower Your Website..

    Hello, how is your website doing?Are sales flowing in?If you... Read More

    You Need RSS, Atom, and ROR/RDF Codes on Your Website--Now You Need Google Sitemap as Well!

    Do you have a website? If so, you need an... Read More

    Website Design: 10 Smart Tips To Improve Your Ad Copy

    Your website design may be affecting your sales in ways... Read More

    5 Instant Tips for More Online Sales

    Even after you've managed to bring traffic to your site... Read More

    How Important is Content to a Successful Website

    Content is the most important part of any website.The Internet... Read More

    Ten Steps to a Winning Home Page

    There's no doubt about it - the first page your... Read More

    Dont Lose The Sale In The Internets Last Three Feet

    In retailing there is a saying that sales are made... Read More

    What to Avoid to Make Your Website Design Effective

    The effective design is this one, which is maximum simplified,... Read More

    Creating the Perfect Website - A beginners Guide

    Are you looking to create the perfect website? A complete... Read More

    Top Ten Fonts for Website Design

    The top ten fonts for website design might change in... Read More

    Cool Web Design And Promotion Tips

    This article gives free tips on how to find a... Read More

    When Good Computers Go Bad

    Remember the day that you got your new computer (or... Read More

    Use Exclusive Content - When Reprint Articles Dont Do Enough

    There is no doubt that reprint articles can serve lots... Read More

    Successful Websites Don?t Set Out To Sell

    What are websites? Are they sales tools for vendors and... Read More

    Three Things You Must Do When Designing and Building Your Small Business Website

    If you are going to have a web presence for... Read More

    Other Ways to Look at Things

    Many people today are tired of the Microsoft software that... Read More

    Design Your Site For Your Customers

    The most important person that you need to please when... Read More

    Web Usability: The Basics

    What is web usability & why is it important?Web usability... Read More

    Antigo wedding limo ..