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Do you own your internet site design?
The title probably should more precisely be "do you own the source and output files that create and form your internet site"?
After agreeing the design outline and objectives, a web site designer will routinely collect content (text and photographs) and then design the site using a software programme like Dreamweaver, Frontpage, WebPlus, and so on.
In a number of cases the website designer may even create content (particularly graphics, photos, video, etc) for the web site.
Each software package will save the design files in it's own format (this is known as the source file). When the web site is made public to the Net, the software package will output the internet site files employing a common format that can be interpreted by a browser like Firefox, Internet Explorer, Safari, Chrome, etc.
It's important to realise this as the files that are uploaded to the Net aren't the same files that you will need to make updates to your web site. What you require is the source code. So this raises the first question on ownership. "Who owns the source files, you or your web designer"?
This is not necessarily an issue , unless you fall out with your web site designer or move your web site to another web designer. Then you might find that your present web site designer may not release the source files meaning that your new web site designer will have to fully rebuild your web site. This can usually result in you having to pay further costs to cover the work.
Even worse the web site designer may claim the content, design, look and feel of the internet site is their intellectual property and as such you can not recreate a similar internet site. Again they may demand a royalty payment to permit you to utilise the design and content.
As discussed earlier, as well as source files there also are output files that are uploaded to your website hosting account online. While you'll have access to these source files thru a Control or Admin Panel meaning you might download the web site files and then upload to your new web host, the issue of possession still applies. If the website designer claims intellectual possession over parts or all of your internet site, uploading the files to a new web host could mean you are in default of copyright.
Hopefully this offers a high level overview why you may not own your internet site, regardless of whether you have paid for it to be designed.
So what can you do to protect yourself:
1. Ensure it is clear about who owns the content, source files and output files (including any items made for your site by your web site designer).
2. Ask if you will have access to (or can have copies) of the output files.
3. Confirm the charge you have paid means you own the intellectual property and you can reuse the design and output files without requiring further permission.
4. Ask if you can have copies of the source files or if not the process of how these will be made available to you if you move to another web designer.
By following these steps hopefully you may avoid issues in the future. Please also read my blog post on "Do you own your domain name?".
After agreeing the design outline and objectives, a web site designer will routinely collect content (text and photographs) and then design the site using a software programme like Dreamweaver, Frontpage, WebPlus, and so on.
In a number of cases the website designer may even create content (particularly graphics, photos, video, etc) for the web site.
Each software package will save the design files in it's own format (this is known as the source file). When the web site is made public to the Net, the software package will output the internet site files employing a common format that can be interpreted by a browser like Firefox, Internet Explorer, Safari, Chrome, etc.
It's important to realise this as the files that are uploaded to the Net aren't the same files that you will need to make updates to your web site. What you require is the source code. So this raises the first question on ownership. "Who owns the source files, you or your web designer"?
This is not necessarily an issue , unless you fall out with your web site designer or move your web site to another web designer. Then you might find that your present web site designer may not release the source files meaning that your new web site designer will have to fully rebuild your web site. This can usually result in you having to pay further costs to cover the work.
Even worse the web site designer may claim the content, design, look and feel of the internet site is their intellectual property and as such you can not recreate a similar internet site. Again they may demand a royalty payment to permit you to utilise the design and content.
As discussed earlier, as well as source files there also are output files that are uploaded to your website hosting account online. While you'll have access to these source files thru a Control or Admin Panel meaning you might download the web site files and then upload to your new web host, the issue of possession still applies. If the website designer claims intellectual possession over parts or all of your internet site, uploading the files to a new web host could mean you are in default of copyright.
Hopefully this offers a high level overview why you may not own your internet site, regardless of whether you have paid for it to be designed.
So what can you do to protect yourself:
1. Ensure it is clear about who owns the content, source files and output files (including any items made for your site by your web site designer).
2. Ask if you will have access to (or can have copies) of the output files.
3. Confirm the charge you have paid means you own the intellectual property and you can reuse the design and output files without requiring further permission.
4. Ask if you can have copies of the source files or if not the process of how these will be made available to you if you move to another web designer.
By following these steps hopefully you may avoid issues in the future. Please also read my blog post on "Do you own your domain name?".
About the Author:
Simon Wilkinson is the owner of Digital Ark, Web Design Colchester providing website design, website hosting, SEO and local mobile search services. This includes pay monthly website. He also writes a regular blog that provides practical understanding of web design for small enterprise.