Who Owns My Website? Ownership and Terminology
Not every Digital Marketing firm is as legitimate as they would have you believe. So how can you separate the charlatans, scammers and incompetents from
the professionals? With a little basic homework, and armed with the right questions, you stand a pretty good chance of partnering with the right firm.
The following website terminology is a guide of what you really own and what you’re really just leasing.
Web Server – You Don’t Typically Own This
The computer running the Web Server Platform that hosts your website. You might have a shared hosting agreement or leased a dedicated server with exclusively
your own websites and files hosted.
- For most hosting services, the data center owns your web server and leases it to you or your web vendor.
- Obviously, you will own your website server if you purchase one, but this is usually cost prohibitive to maintain.
Web Server Platform – You Don’t Own This
This is the system software running on the server. Common examples include LAMP (Linux Apache MySql PHP), Windows IIS + ASP.NET, and Microsoft SQL Server.
- You will never own this.
Content Management System (CMS) – You Don’t Own This
A Web Application that is used to manage the administration of content for your website. Examples include WordPress, Drupal, Magento, Mighty-Site.
- You only own your CMS if you author your own source code and wrote it yourself. This is common to all software. Unless you are a software company, you don’t own any software on any computer.
- The CMS (and all software) is owned by the respective creators and licensed to you.
- Custom programming written on top of a Website Platform might be something you can own. This gets complicated with Open-Source platforms due to the GNU General Public License.
Database Software – You Don’t Own This
Common examples include MySql, Oracle, Microsoft SQL Server, Microsoft Access.
- You will never own the actual database.
- You own your website data and content stored in the database if you author it.
Source Code (other custom programming) – You Don’t Typically Own This
- You will own your website source code if you or your employee authors it.
- Otherwise, it is owned by the creator and licensed to you.
- “Work for hire” could be specified in the agreement to ensure you own the website source code upon completion and final payment of the project. This gets complicated with proprietary and Open-Source platforms due to Intellectual Property and the GNU General Public License.
- “Control” of the source code is usually the critical concern with contracting custom development and is usually amenable by using an open-source platform.
- Otherwise, unless you or your employees authored it, it is owned by the website creator and licensed to you.
Visual Design – You Should Own This
- The website creator should provide an agreement giving website visual design ownership to you upon completion and final payment of the project.
- Otherwise, unless you or your employee created the designs, it is owned by the creator and licensed to you.
Text Content – You Own This
The formatted, readable, search engine indexable, copy and pastable website text that is rendered in the browser.
- You will own your website text content if you or your employee authors the content.
- Otherwise, the creator of the website is the legal “author” of the website text content.
- The website creator should provide an agreement giving website content ownership to you upon completion and final payment of the project.
Photography – You Own This… If You Took The Pictures
The entire or part of a digitized photograph used on a website as either part of the logo, user interface, slideshow, gallery, video or other visual design asset.
- You will own your website photography if you or your employee captures the photographs
- Otherwise, you are only given a license to others’ photography. Keep a record of that license.
Social Media: Technically social media properties are not really “ownable”.It’s more about access. We typically set up the social media assets for our clients, but we make sure that they are claimed in their name and that they have full administrative rights.
I’ve seen an Ex-employee who started a competing business hijack his former employer’s social media accounts and direct the traffic to his own business. How did this happen? The employer just assumed the employee would do the right thing and didn’t put much thought into the ramifications down the road.
Bottom line? Doesn’t matter who sets up your social profiles as long as you have the administrative control.
Browser – You Don’t Own This
- You will never own this.
Domain Name – You Don’t Own This Either. Surprised?
The Domain Name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand.
- You do not actually own a domain name even though you are a registered domain owner.
- You have a contract with the domain registrar giving you “ownership” of the domain much like a contract with a telephone company for a phone number.
- From Wikipedia: “…domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.”
The Legal Reality of Owning a Website
- You will never legally own the domain name, web server platform, CMS, web platform, database software, or language used to build your website.
- You will usually never own the web server that hosts your website.
- You are be granted a license to use the Intellectual Property of the website creator and/or the web platform used to build it.
- Only if you program the website yourself or have a “work for hire” agreement, you will own the website source code.
- If you author your own content, design the interface, take your own photographs, and create your own graphics, you will own all of the website “visual design” and content.
- If it’s a website that can be hosted anywhere, make sure you have the rights to the files through FTP (File Transfer Protocol) should you part ways
with your marketing firm.
Own Your Website “Finished Assembled Work”
Are you surprised?
Thanks to Barret Lorado and Chuck Bankoff