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:
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.
Many times I've seen a web site undergo a revision... Read More
Most of us know that we need to advertise our... Read More
ActiveX uses an interesting method for enforcing security ... it... Read More
1. DO NOT use excessive graphics or banner images on... Read More
When JV Media Design was formed, the year was 1995... Read More
Since you'll spend lots of time and money to create... Read More
The ability to create simple, attractive and functional web pages... Read More
If you've a website but not making a lot of... Read More
Creating your web site can be a tricky process. Choosing... Read More
Some wise human once said "Learn from the mistakes of... Read More
If your website is falling through the cracks, the chances... Read More
Home-based businesses need a strong web presence to combat the... Read More
Color is one of the most important but least understood... Read More
As my occupation is that of a proofreader, one of... Read More
Owning your own website is a must if you are... Read More
Are you looking to create the perfect website? A complete... Read More
We all want high impact graphics for our Web sites... Read More
First off, I am a designer. Now you're thinking, here's... Read More
Then it was a choice among crayons, paints and palettes... Read More
Unarguably, the most important part of your website is content.... Read More
(1) Create a Direct Response Website, with the minimum number... Read More
Everybody talks about the importance of testing your sales copy... Read More
Sooner or later every small or medium business owner realizes... Read More
Content is the most important part of any website.The Internet... Read More
Your web site is like your car. Both are significant... Read More
I see a lot of mistakes, but here are the... Read More
Drop Capitals are frequently used in many newspapers, books and... Read More
This article is the result of a conversation I had... Read More
Physical therapists have unique web presence needs. An effective site... Read More
There are two important reasons to build your website from... Read More
If you are going to be placing ads on your... Read More
Website design firms come in all shapes and sizes.When choosing... Read More
Are you a student of graphic design? If you have... Read More
If you've a website that is not generating a lot... Read More
We've all surfed the web and seen some awful web... Read More
FACT: 30 to 60% of visitors tend to drop off... Read More
If you're running a website or online business, your number... Read More
Not too long ago while looking for businesses that do... Read More
You know... Before purchasing your product a person comes to... Read More
Why is the quality of your text layout and design... Read More
You've made your website, added a great title and keywords... Read More
An "include" file is a piece of code that can... Read More
If there's one thing that most web site developers can... Read More
In this article, I will attempt to cover the basics... Read More
Effective navigation stands out. It's clear, obvious, and highly visible.You'll... Read More
Think of the people who visit your site as blind... Read More
Your web site is like your car. Both are significant... Read More
So you want to build a website here I will... Read More
Q: Should I build and maintain my business Web site... Read More
I ask myself that question about once a month.My website... Read More
This article gives free tips on how to find a... Read More
Does your website make a good first impression? Is the... Read More
Making your site accessible means making it available to be... Read More
If one more business owner tells me their website sucks... Read More
Tips to brand your websiteInclude your logo in all pages.... Read More
When I purchase something from a web site I first... Read More
What dollar amount does your web site contribute to this... Read More
Everybody talks about the importance of testing your sales copy... Read More
Whether you are planning on having a website built for... Read More
Being a writer, when I was asked to do some... Read More
Web advertising has taken many forms, including those that appear... Read More
Before deciding on which web design company to choose, you... Read More
You've thought about it and you're ready to go. You're... Read More
As a web designer, I have a personal interest in... Read More
QUESTION: My business is very small, just me and... Read More
There is no doubt that reprint articles can serve lots... Read More
Web Design |