I’ve been designing websites for a number years. In all that time, only one client has ever purchased the copyright to a design.
Read that last sentence again. Did you catch it?
When you have a design created, you do not automatically own the copyright to the design.
The copyright resides with the creator unless your contract with them states otherwise.
(The same applies to templates also, even the free ones. You’re limited to the terms of the person who creates the template, and if you step outside of those terms, you can find yourself is some hot water.)
To get the most out of your design experience, it’s important to get the details out of the way.
- Full Disclosure. Explain to the designer what your intentions are with the designs. Discuss any requirements or releases that you’ll need up front.
- Copyright Ownership. Ask about copyright and whether there are any extra charges to acquire the copyright to the work.
- Written Transfer of Copyright. If you have an agreement with your designer to transfer copyright ownership, make sure to get a written transfer.
- Location. Know where the contract is being executed. In the unfortunate event of legal proceedings, you may find yourself needing to travel to another state or even country to resolve it.
- Read The Contract. Some designers will list their terms right on their website, and accepting their services usually means you agree to the terms. Sometimes you’ll be using a written contract that needs to be signed by both parties. In either event, it’s important that you read, understand, and are comfortable with the terms of the agreement before any work begins.
In most cases, you are paying for the designer’s time, expertise, and the right to use their intellectual property. If you want the exclusive right and ownership of that intellectual property, it’s important that you discuss it with your designer first.
Dislcaimer: I’m not a lawyer, and I don’t play one on t.v., so it’s probably a wise idea to consult one for confirmation.
