Who Owns Your Website?

Here's a common scenario: You hire a web development firm or independent contractor to design your website. Do they own the finished work or do you?

Under U.S. copyright law, in situations in which an employee creates a website for an employer during the scope of the employee's duties, it is the employer - not the employee - who can claim ownership of the original work. The same is not necessarily true for creative work developed by independent contractors unless the work is considered a "work made for hire." You may own the content supplied to the developer, but the underlying code, page layout, graphics and any other material used or created for your website might actually be owned by the web developer.

Generally, in a work made for hire situation, the person for whom the work is prepared is considered the author. The hiring party, not the one who actually created the website, is considered to be the owner of the work, but only if the work is "specially ordered or commissioned" for certain specific types of work and the parties expressly agree in writing. Copyright ownership can also be freely transferred by written agreement between the parties. Otherwise, the web developer can claim ownership of the copyright.

Lack of ownership rights can severely limit your ability to use, modify, transfer, or sell your website. For your protection, be sure you can prove ownership of all the visible, written contents of your site. Register your website copyright today.

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