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.
Well, a logo for your business. Why is it important?... Read More
Want to see an excellently constructed website? As a writer... Read More
With an increasing number of employment portals emerging, it is... Read More
Are you serious about get this website done fast and... Read More
Ever wonder how HTML color codes are put together? For... Read More
Sin #5Poor Spelling And GrammarWe all make mistakes when we... Read More
Here's the single most important part of your website: YOUR... Read More
There are two camps when it comes to flash web... Read More
Seeing is believing.One trick to increase your visibility as well... Read More
Drop Capitals are frequently used in many newspapers, books and... Read More
An application is not ready for use unless you have... Read More
Don't knock it; "Keep It Simple, Stupid" is a great... Read More
Content is undoubtedly the most important element of a website.... Read More
So how do you know when your graphic designer costs... Read More
If someone doesn't know you personally, will they trust you... Read More
First impressions are extremely important if you hope to do... Read More
Due to the large number of people offering website design... Read More
From my personal experience of around two year as home... Read More
In learning webpage design, I encountered many problems that took... Read More
You've made your website, added a great title and keywords... Read More
An ongoing challenge for webmasters today is to provide fresh... Read More
I have written before about long sales copy on the... Read More
10 Basic Things Your Website Should Have ...__ all short... Read More
Do you have a website? If so, you need an... Read More
If you're not getting a lot of traffic to your... Read More
How often, men, have you come home to find the... Read More
What dollar amount does your web site contribute to this... Read More
Owning your own website is a must if you are... Read More
I'm not a professional web site designer and openly admit... Read More
Not too long ago while looking for businesses that do... Read More
This may comes as a surprise to you but, if... Read More
You've designed your logo, and you're ready to print your... Read More
It's a fact, Page Not Found, known as a 404... Read More
Web Site Awards are given from other sites to reward... Read More
I see a lot of mistakes, but here are the... Read More
Public domain gives you a head start creating ebooks, ecourses,... Read More
The internet continues to grow and has become the default... Read More
Sin #5Poor Spelling And GrammarWe all make mistakes when we... Read More
Know what you wantMake sure you know why you... Read More
The way you design your web site affects your visitors'... Read More
Square buttons, round buttons, flashy buttons ? will they match... Read More
Designing your website means you have to be creative, plan... Read More
If you are anything like me, your website is a... Read More
Ever wonder how HTML color codes are put together? For... Read More
There is a widespread confusion among lots of new website... Read More
Q: Should I build and maintain my business Web site... Read More
A website should firstly be searched out by visitors before... Read More
Most of us at times need advice on different aspects... Read More
If you think it's simply a case of who will... Read More
Your web site should be-visitor friendly to navigatesearch engine friendly... Read More
Web Design |