[thelist] Copyright of the Web Site Design

Erik Heerlein erik at erikheerlein.com
Fri May 20 00:31:53 CDT 2005


> I'm hoping someone can help me with a question of copyright that is 
> addressed in my contract.

If you create something, you own the copyright unless you created that 
work as an employee for your employer or signed a "work for hire" 
agreement as an independent contractor. But you don't copyright an 
idea, only the expression of that idea.

That being said, if you haven't specifically stated what material you 
retain the copyright to in your contract, it's awfully hard to point to 
a web site design and say, "That's mine, no one else can use it." What 
specifically is yours?

You would have to design something so unique that it would be obvious 
that it was an original work by you. Otherwise, you could claim the 
design was yours, the client says, "Okay, you keep your design." and 
get somebody else to design something very similar. You would be hard 
pressed to claim copyright infringement because you would have to prove 
they stole "your design", which would be what? A left hand nav? A 
special use of color or typeface? 3 column layout? The HTML?

There is also very little "original artwork" that you can hold onto. 
For example, an Illustrator can hold onto the original painting, 
photographer can hold onto his negatives which inhibits making copies, 
the creator can retain some control. A client will have to have the 
code and the ability to change and update it without asking you first. 
The whole, "right to copy" gets real blurry with a living web site as 
it will undoubtedly change over time.

Due to all of the above, IMHO, web design has to be treated as a 
service rather than a product, much like a landscaper provides a 
service. You couldn't get away with saying, "Okay this bush that I 
planted is mine, you can't move it or trim it differently than I did 
without my permission." The homeowner owns the land and bought the 
plants and basically paid you to arrange them for him.

As much as you might want more control or money, aside from maintaining 
his yard every month, I don't know how you would be able to achieve 
that and find anybody who would hire you.



[>] Erik Heerlein
     Web Developer

     843-762-9382
     erik at erikheerlein.com
     http://www.erikheerlein.com



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