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If you are having a website built, arrange the copyright in advance. Standard developer agreements often leave the copyright on design, code, text, and photos with the creator, leaving you dependent and unable to make free modifications. Therefore, ensure you have at least a proper license, or have the rights fully transferred to you via a deed of transfer.
Programmers are not lawyers, and that often proves painful. Many developers use standard agreements that are insufficient for websites, severely disadvantaging the client: usually, the client does not hold the copyright to the design, code, text, and photos. As a result, you remain bound to the same designer and cannot freely make even simple modifications. So, do not sign just like that; a proper license is the minimum requirement.
Arrange a transfer of copyright
In the best case, the copyright fully transferred to you via a deed of copyright transfer. This document states which rights are transferred and what you may do with them thereafter. Such a deed also regulates other matters, such as an indemnity in which the designer declares not to have infringed the rights of others — a logical guarantee.
A developer is generally not eager to sign a deed of transfer. However, if you had a website custom-made specifically for your company, it is only logical that all rights belong to you.
Or work with a license
Instead of a full transfer, you can enter into a license agreement: the copyright remains with the developer, but you acquire the right to use the design and potentially modify it. What you may do with the delivered website depends on what is stated in the license. Please note: a license may be non-exclusive, meaning the developer may grant the same license to others. Therefore, draft a license in line with your own wishes — a standard license is rarely suitable.
Have the agreement reviewed or drafted
If the programmer presents you with a license agreement, at the very least have it reviewed. If necessary, we will draft an amended license or advise on a deed of transfer, taking into account the wishes of both you and the developer. Incidentally, the same rules apply if you hire a copywriter to write content for your website — ensure that everything is properly documented in that case as well.
Frequently Asked Questions
Do I automatically have the copyright to my website?
No. The copyright on design, code, text, and photos often remains with the creator, unless you agree on a transfer or a suitable license. Arrange this in advance.
What is the difference between a transfer and a license?
Upon transfer (via a deed), the rights become yours; with a license, they remain with the creator and you acquire a right of use, which can be exclusive or non-exclusive.
Does this also apply to texts by a copywriter?
Yes. Texts are also protected by copyright. Also agree with a copywriter that the rights will be transferred or licensed.
Properly manage copyright on your website
The copyright specialists at MKB Juristen review your agreement or draft a deed of transfer or license. Schedule an intake meeting .
