If you build a website for someone, who owns the copyright?

Question

Work with agencies in the area, I know that just because someone pays you for the design work, the copyright isn't transfered to them unless they pay for the copyright. This is true for websites. Where can if find solid information about the legal issues surrounding this?

Work with agencies in the area, I know that just because someone pays you for the design work, the copyright isn't transfered to them unless they pay for the copyright. This is true for websites. Where can if find solid information about the legal issues surrounding this?

I do own the copyright as soon as I create the site. Registering it with the copyright office is more of a legality. I'm questioning who owns the rights to the work. Please try to list references to prove your answer.

Answer 1

As soon as work is "fixed in a tangible medium of expression," the artist owns the copyright in the work. This would include visual works such as websites. This is true unless the work is a "work for hire," where you, specifically, IN WRITING agree that all intellectual property is owned by your boss/customer.

Most often, independent contractors own the IP unless or until the business/customer specificially receives an assignment of it.

You DO NOT need to register to own the IP, but registration is a prerequisite for suit.

(This citation is rather old, but appears to still be a valid statement of the law):
http://ivanhoffman.com/website.html

Answer 2

The key question here is is your work a "work for hire" as defined under your local law. As explained in the wikipedia link below this is a question of fact about your relationship with the entity that hires you to do the work.

From your description it sounds like you are an independent contractor or freelancer in that case (as cited in the link below):

"the work can be created as a work made for hire, or not. In order for it to be a work made for hire, all of the following conditions are required: i) the work must be specially ordered or commissioned; ii) the work must come within one of the nine categories of works listed in the definition above; and iii) there must be a written agreement in advance between the parties specifying that the work is a work made for hire."

Hope this helps.
Good Luck

Answer 3

You do not own the copyright unless you actually file the copyright papers. You need to be very careful before starting a copyright battle. Consult a competent attorney.