In my last blog post (4. Do you own your domain name?) I talked about the risks of not having your domain name registered in your name. This post is a logical extension.
The title probably should more accurately be “do you own the source and output files that create and form your web site”?
After agreeing the design brief and objectives, a web designer will normally collate content (text and pictures) and then design the website using a software package such as Dreamweaver, Frontpage, WebPlus, etc.
In some cases the web designer may even create content (especially graphics, photos, videoa, 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 published to the internet, the software package will output the web site files using a common format that can be interpreted by a web browser such as Firefox, Internet Explorer, Safari, Chrome, etc.
It is important to understand this as the files that are uploaded to the internet are not the same files that you need to make changes to your web site. What you need is the source codes. 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 designer or move your web site to another web designer. Then you may find that your current web designer may not release the source files meaning that your new web designer will need to completely rebuild your web site. This will usually result in you having to pay additional costs to cover the work.
Worse still the web designer may claim that the content, design, look and feel of the web site is their intellectual property and as such you can not recreate a similar web site. Again they may demand a royalty payment to allow you to use the design and content.
As mentioned earlier, as well as source files there are also output files that are uploaded to your web hosting account on the internet. While you may have access to these source files through a Control or Admin Panel meaning you could download the web site files and then upload to your new web host, the question of ownership still applies. If the web designer claims intellectual ownership over parts or all of your web site, uploading the files to a new web host may mean you are in breach of copyright.
Hopefully this provides a high level overview why you may not own your web site, even if you have paid for it to be designed.
So what can you do to protect yourself:
- Make sure it is clear about who owns the content, source files and output files (including any items created for your web site by your web designer).
- Ask if you will have access to (or can have copies) of the output files.
- Confirm the fee you have paid means that you own the intellectual property and that you can reuse the design and output files without requiring further permission.
- 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 will avoid problems in the future. If you have any questions please contact me as I will be happy to help.
Simon
