Do You Own Your Web Site Design?
'Allo, mes bébés, I trust you are all well?
I have been busier than a long-tailed cat in a room full of rockers, hence my scarceness in posting. I never would've believed how quickly this business would've taken off, and I have so many people to thank, but one in particular; you know who you are.
In other news, as usual melodrama abounds in the Midwest. Same players, somewhat of a different plot twist ... glad to find myself out of it. Blogs, by virtue of being what they are (personal works usually written by females), tend to lean toward the soap opera, but, my oh my, don't these ladies in the Midwest know how to put on a show?!?
I believe though, if this plays out the way it's starting to look like it will, the real antagonist of this little passion play is about to take her final bow. Couldn't happen to a nicer person, IMHO.

Anyway, having nearly caught myself up, here I am ... answering your most burning web design questions.
So you hired that glitzy website design company. You worked together for several months, emailing back and forth, to make the design reflect your personality. It's finally gone live, you've sent the link to all your clients and submitted it to all the guides. But what's this? There's an email in you inbox from a friend directing you to check out another provider's site.
Gasp.
It's YOUR design! Why the rotten little thief!
You contact your designer to see what your recourse is and - WHAT? You find that she's the one who SOLD your design to the wench! Your colors, your ideas ... all yours, and she sold it to that other woman. She can't do that, it's yours!
But CAN she?
Well, the cold hard truth is that she CAN if you don't own the copyright to your website.

What is Copyright?
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:
- (1) a work prepared by an employee within the scope of his or her employment;
or
- (2) a work 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
- an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire ...
The above taken from U.S. Copyright Office website.
To put all of this in easy to understand terms, I own the copyright to anything I write or create as soon as it's complete; it's not necessary for me to file with the U.S. Copyright Office to prove ownership.
If the person who designs your site is employed by you (i.e., you pay them a wage and take out taxes from that wage), then YOU own the site. If you hire a web design company to create your site, the above "work made for hire" list illustrates that you do NOT own the copyright to the design.
Do you want to be sure that YOU own the copyright to your site? Then you must have the person you hire to design or re-design your website sign a contract that makes it very clear that the copyright to the material produced is yours, and not theirs. Keep the contract in a safe place in the event that you might have to prove this in the future.
Where does High Heel Designs stand on this issue? Copyright owners often grant use of their creations through a license agreement; but they can sell it outright, usually for a hefty sum. High Heel Designs takes the stand that YOU had the original idea, you supplied the text, the photos and the very heart and soul of your website, so it's YOURS.
Enjoy.
However, if I discover that anyone has made use of ANY my designs without my, or my clients' express permission, make no mistake: I WILL prosecute the thief to the fullest extent of the law.
