Comments on: Do I own my website?

By: Jason

Jason — Tue, 10 Nov 2009 16:31:03 +0000

It depends on the agreement between the organization and the volunteer. The volunteer could choose to retain rights to the design & domain name itself. The designer would not have rights to anything that belongs to the organization itself. Like the creed, mission statement, bylaws, organization name, etc. that might appear on the site. They may retain rights to anything they created (layout, graphics, HTML code, etc.) In most cases this arrangement works well, except when their is a falling out between the designer and the organization. In which case it is important the organization keeps a backup copy of all important information from the site. Also I would recommend that organizations raise enough money to pay for the domain name and hosting. $75-$150/year is a minor price to pay to retain rights to the domain name and website. Even if the design work itself gets pulled by the designer, you’ll still have the domain where you can publish a new site without having to change other collateral (banners, posters, letterhead, web directories, etc.) that may refer to the website domain.

By: LD

LD — Tue, 10 Nov 2009 16:23:09 +0000

So if someone volunteers to build a site for a non-profit organization & that organization does pay for any fees (domain name, hosting), who owns the content of the site, the volunteer who did the work or the organization?

By: Jason

Jason — Fri, 11 Sep 2009 13:43:52 +0000

Thanks for your response Sue. The tricky part with respect to what the attorney said in Texas is figuring out the difference between original art & photography versus programming and code. Not sure about the prevailing laws regarding works created by an artist, but you are probably right there. In terms of code and development work that is paid for in full, those rights unless the contract says otherwise usually belong to the person who has “hired” the designer or development company to do the job. Just like work you do for a business belongs to them not you.

If you use a template you are most likely agreeing upon purchase or download to certain terms they provide. Some are in the creative commons or open source and can be used for personal or commercial purposes, but if you redistribute a product using the template you need to share all of the code behind your modifications to the template. Commercial templates are usually a licensing agreement that allow you to use the template for your site, but aren’t exclusive so other people can purchase the same template. Obviously reading the agreement is an important step here.

By: sue

sue — Fri, 11 Sep 2009 13:32:50 +0000

Yes I would love to hear and updated version of this as well. I attended a seminar several years ago where a Texas attorney said that in Texas the web developer owns the website —- unless they give the client ‘rights’ to the website. That makes sense since it is your own ‘unique creation’ and would follow standard creation rules, however I would love to hear what current law states.

And you have got to also ask the question — do you own your own website if you are using a template developed by someone else. I expect the answer is NO if you get a free one – or if you paid to one you might have limited rights to it.

Great question.

By: Ruth

Ruth — Tue, 08 Sep 2009 05:40:00 +0000

Wow, Jason, the question about ownership rights of a website has a more complex response than I imagined. There are a lot of hands in the pie to make your web presence alive and stay active! Thanks for the Gift of Knowledge!