Home
>
Web Design
>
Do You Own Your Web Site Design?

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.

whole house cleaning Winnetka ...

In The News:

MacSync malware hides malicious commands inside iCloud calendar events to download additional payloads onto infected Macs without raising suspicion.

Joseph Holycross dismissed his racing heart for nearly two years until his Samsung Galaxy Watch detected atrial fibrillation and changed everything.

Home title fraud begins when criminals forge your signature on a deed. Here is how to check your own property records and set up free alerts.

Jeffrey Ladish, a former Anthropic security team member, warns AI agents are colluding and hacking with no reliable solution to keep them in check.

Instinct Concierge and Meta Muse can now place phone calls to businesses on your behalf, but the privacy and data access tradeoffs are significant.

Olivia Moore spent $100 to create a fake RushTok influencer using ChatGPT and MiniMax, and thousands of Bama Rush fans couldn't tell the difference.

RatHat Android malware uses AI to steal banking credentials, intercept two-factor authentication codes and reconstruct your PIN from touch inputs.

The Fox News AI Newsletter covers the latest artificial intelligence technology advancements, including the challenges and opportunities AI presents now and for the future.

Apple and Google password managers can flag compromised, weak and reused passwords on your phone before credential stuffing attacks can strike.

Researcher Peter Garrigan says Moonshot AI's Kimi model was manipulated into providing instructions for biological weapons and assassination plans.

iPhone, Google Pixel and Samsung Galaxy phones now offer call screening that asks unknown callers to identify themselves before your phone rings.

Ransomware can lock your irreplaceable photos and documents in seconds. A tested backup strategy and stronger cybersecurity habits are your best defense.

ShinyHunters claims it breached FBIJobs.gov and stole Social Security numbers, home addresses and sensitive assignment details of FBI personnel.

Find My iPhone, Google Find Hub and Samsung Find have critical tracking settings to enable now, before your phone ever goes missing or stolen.

The FTC proposed a new enforcement policy on personalized pricing, warning companies that hide how personal data shapes the prices shoppers see.

The $250 million Apple Siri AI settlement is now accepting claims, with eligible iPhone owners potentially receiving up to $95 per device.

ShareAScan turns T-shirts into scannable digital business cards with QR codes that link to profiles the owner can update anytime they choose.

BragJack research reveals how a single malicious browser extension could hijack Gemini, Perplexity Comet and Edge AI agents with zero clicks.

A phishing campaign impersonating OpenAI uses fake ChatGPT billing emails with a convincing login page to steal credentials and payment details.

Startups are helping modernize America’s defense industry with new technology and innovative ideas as the War Department diversifies its inventory.

New account fraud victims jumped 31% in 2025, reaching 5.4 million. Criminals open accounts you may never see on your regular bank statements.

Flytrex says its AI-powered Rooftop Dock system in Dallas-Fort Worth positions drones at restaurants before orders arrive, cutting delivery costs by 60%.

Samson Sky's Switchblade flying car secures $80 million from Dubai's Matin Group, but the redesigned hybrid-electric aircraft still needs more testing.

The Fox News AI Newsletter covers the latest artificial intelligence technology advancements, including the challenges and opportunities AI presents now and for the future.

CenterPoint Energy confirmed customer data was stolen, while a hacker claims 7.49 million records with partial Social Security numbers were taken.

Do You Own Your Web Site Design?

Web Design