Copyrighting websites...

A quick question for you: when you develop a website for a standard client, who has the copyright on the actual code once they have paid for the site?

Thanks!

Tim

Re : Copyrighting websites

Tim

I think I read somewhere that any content you create you automatically have copyright on, and don't even need to state that it is copyright.

Prepared to be corrected however by any legal eagles there may be around here!

Carl

Re : Copyrighting websites

I believe that anything that you author you automatically have copyright on as Carl has suggested above.

I'm sure a quick Google on this will reveal the exact answer!

Simon

Re : Copyrighting websites

Yes - you own your content. Not sure how you go about proving you wrote it though if someone else copies it - presumably date of publication of the initial wording!

Tom

Re : Copyrighting websites

The answer is in your contract with the client. If they have paid you for the full working model and you have charged accordingly then you need to establish who owns what in the contract. Code normally lies with the web designer but the courts are littered with clients who believe they own it because of emails and letters etc. Sort it out once and for all in your terms and conditions.
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John Dalton Http://www.limeone.com T 01244 852550

Re : Copyrighting websites

Just have a line in your contract before taking on the work to cover this off.

Depending how sophisticated the development is you may want to retain copyright on certain parts whilst relinquish it on others.

Thomas

Re : Copyrighting websites

A lot of this will depend on what type of solution you are developing. If it is a simple web template then you may feel quite relaxed about such matters.

If you are integrating a content management system product that you own, for instance, or doing bespoke code development that has a clear value, then you will want to put time into clarifying in the contract what each party can and can't claim ownership too once the site is put live. In effect you often license a piece of software rather than pass ownership of the software itself to the business you have created a site for.

Dan
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Web Design

Re : Copyrighting websites

Thanks for your thoughts, all.

Definitely seems like this is something of a grey area. Owning the code is not something reasonable though for clients to think though, is it? I mean when you 'buy' a piece of software like Adobe Acrobat it doesn't mean you actually own the code and can do with it as you will! Should it perhaps be viewed more as something you license - for instance a content management system you write they are licensed to use, rather than own outright.

Tim

Re : Copyrighting websites

Anything you create you automatically own the copyright to.

Unless your contract says otherwise the copyright would remain yours but your contract should therefore state how long and for what usages your are allowing the other party to use your material.

In most web design/ development projects however the contract would transfer ownership. The price you are quoting should reflect the copyright status. For example, for my photography work I would charge £150 or so to do portfolio shots for a model where I keep the copyright but give them a watermarked images which they are only legally entitled to use for their portfolio. If they want to buy the rights to the pictures then there would typically be an additional £200 or so per image on top of the session fee subject to what they are intending to use them for.

Re : Copyrighting websites

Astaroth

Very interesting... do most people who have pictures taken agree with your view, or do they automatically assume that they will own the images/be able to use them as they like when they pay their £150?

Tim

Re : Copyright and payment

If you are considering transferring copyright to whoever you are doing the work for, make sure you clearly stipulate that copyright only transfers to them on receipt of 100% payment for the work that you've done...

Chris

Re : Copyrighting websites

Sound advice there Chris! You can always rely on an accountant for good advice

Tim

Re : Copyrighting websites

For photography it depends very much on the experience of the client. Most will know the rules of the game but others dont - whilst I dont do "glamour" shots very often a lot of my colleagues best source of income is gained by models not having the copyright to the photos but get them published in magazines like Zoo or Nuts anyway (who will actually edit out the watermark/ copyright logos etc). Their payment for breach of copyright is significantly higher than what they pay for images up front.

For websites, we typically assign copyright for the template to the client but retain the rights to the coding but give the client indefinate sole use/ non-reseller rights to use.

Re : Copyrighting websites

Interesting stuff Astaroth / Dan - so those mags actually take out the watermarks knowing therefore that they are using images illegally? Naughty!

Now I know what all those grown men are doing reading these mags on the train back from London - they must be scouring for images they took as part of their 'photography hobby' to see if they can earn some money from their images

Thomas

Re : Copyrighting websites

I would have thought (through just common sense) that you have the right to all of the sites content... however the law works in mysterious ways so no idea what the legal position is.

There is probably someone here who will be able to advise correctly though!

Chris