Protect your business Website
Who is the owner of IP rights on the Web site of your company?
Typically, the elements of Web site owned by different persons. For example, a company may own the rights to the navigation software, while others may be copyright of the photographs, graphics and text, and a different person be the holder of copyright on the site design. Although not necessary that your company holds IP rights on all elements of the website, it is imperative that we know what it owns , which is authorized to use and how.
If your company hires someone to create your website, in whom vested the ownership of copyright?
If your company website has been created by its employees in the course of their duties, in most countries you (the employer) own the copyright on the site, unless otherwise agreed with employees. Things change when it comes to small businesses.
Most companies charge creating the design or content of your website to external contractors and assume that they are the holders of existing IP rights on the site by the fact that he paid for the performance of work. However, it may not be so, and that your company takes more of a surprise in that regard. Generally, independent contractors (unlike employees of the company) are holders of IP rights in the works they create, but your company has paid for them , unless otherwise specified in a written contract .
What this means in practice is that the independent creator of Web sites is usually the owner of copyright and other IP rights created the site, as well as the design and the elements that are part of the latter (for example, colors, graphics file formats "jpg" and "jpeg", configuration, hyperlinks and text encoding). If a valid written agreement in which those rights are transferred is not set, it is possible that your company only end enjoying a nonexclusive license to use your own website.
Example: Your company handles the creation of an independent website designer. Any agreement assigning rights to your business is not signed, so the copyright belongs to the designer (under national law). A year later, his company wants to update the website and make some changes in the presentation. Under most copyright laws, you must obtain permission from the designer of the site and may be required to pay additional fees to make major changes to the site .
TIP: It is advisable to sign a written agreement with the creator of the Web site that clearly specifies who is the holder of IP rights in each of the site elements. In this regard, see paragraphs below:
Who is the owner of IP rights on the Web site of your company?
Typically, the elements of Web site owned by different persons. For example, a company may own the rights to the navigation software, while others may be copyright of the photographs, graphics and text, and a different person be the holder of copyright on the site design. Although not necessary that your company holds IP rights on all elements of the website, it is imperative that we know what it owns , which is authorized to use and how.
If your company hires someone to create your website, in whom vested the ownership of copyright?
If your company website has been created by its employees in the course of their duties, in most countries you (the employer) own the copyright on the site, unless otherwise agreed with employees. Things change when it comes to small businesses.
Most companies charge creating the design or content of your website to external contractors and assume that they are the holders of existing IP rights on the site by the fact that he paid for the performance of work. However, it may not be so, and that your company takes more of a surprise in that regard. Generally, independent contractors (unlike employees of the company) are holders of IP rights in the works they create, but your company has paid for them , unless otherwise specified in a written contract .
What this means in practice is that the independent creator of Web sites is usually the owner of copyright and other IP rights created the site, as well as the design and the elements that are part of the latter (for example, colors, graphics file formats "jpg" and "jpeg", configuration, hyperlinks and text encoding). If a valid written agreement in which those rights are transferred is not set, it is possible that your company only end enjoying a nonexclusive license to use your own website.
Example: Your company handles the creation of an independent website designer. Any agreement assigning rights to your business is not signed, so the copyright belongs to the designer (under national law). A year later, his company wants to update the website and make some changes in the presentation. Under most copyright laws, you must obtain permission from the designer of the site and may be required to pay additional fees to make major changes to the site .
TIP: It is advisable to sign a written agreement with the creator of the Web site that clearly specifies who is the holder of IP rights in each of the site elements. In this regard, see paragraphs below:
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