Minneapolis Web Design, Minneapolis Web Development
& Minneapolis Web Hosting
Part 3: Web Design Copyright, and Ownership Practices
Most people can agree that legal documents contain some of the most confusing jargon known to man. Web design contracts are no exception. Copyright issues with original artwork are very clear thanks to the U.S. Copyright Act. However, complications arise with web design because, unlike a painting, a web site can be divided into three distinct elements; all of which can, and often do, have distinct rules governing their use.
Content
The intellectual property rights to the content, or the text and images that comprise a web site, are typically retained by the hiring company, as this information is usually provided to the web designer from the company's marketing department. However, in cases where the web design firm writes the content, ownership is retained by the firm until it is transferred to the respective parties.
Code
Many copyright issues arise out of source code ownership. The rights to the computer code that makes a web site run is often retained by the web design firm. This occurs because the developers often reuse components of programs. As a result, they cannot transfer the rights to another party.
Design
The design, or the unique combination of images, colors, sizes, typography, and positioning, can cause many conflicts. Since 1989, U.S. copyright law automatically protects artwork from the moment it is created, even without enscribing a copyright notice. As a result, the web design firm retains all rights until they are transferred at the end of the project.
We suggest doing the following when reviewing a web design contract:
- Ensure that your company retains all ownership of brand specific imagery or any information you provide to the web design firm.
- Verify that the firm will be transferring the ownership of design to your company upon final payment.
- Discuss the ownership of the content and how the ownership will be transferred.