Why ownership matters
Understanding who owns what protects your rights and prevents disputes. Without clear ownership, you might not be able to update your site, change developers, or use your content as you want.
For more on contracts, see website project contracts: what to include and what to avoid.
What you should own
1) Your website code
You should own the code for your website.
- Custom code: Code written specifically for your site should be yours.
- Access to code: You should have access to the code (via hosting, repository, or files).
- Right to modify: You should be able to update, modify, or have someone else work on the code.
- Right to move: You should be able to move your site to different hosting or developers.
2) Your content
You own the content you create or provide.
- Text and copy: You own the text you write or pay someone to write for you.
- Images you provide: Images you supply are yours (if you have rights to them).
- Brand assets: Your logo, brand colours, and brand assets are yours.
3) Your design
You should own the design created for your site.
- Custom design: Design created specifically for your site should be yours.
- Design files: You should receive design files (if applicable) or have access to them.
- Right to use: You should be able to use the design for your site and related materials.
What developers might own
1) Reusable code libraries
Developers often use code libraries, frameworks, or tools they have created.
- Shared components: Code the developer uses across multiple projects might remain theirs.
- Frameworks: If the developer uses their own framework, that framework might remain theirs.
- Tools and utilities: Development tools and utilities might remain the developer's.
This is usually fine - you own your site, they own their reusable tools. But make sure you can still update and maintain your site.
2) Portfolio rights
Developers usually want to use your site in their portfolio.
- Portfolio use: It is normal for developers to showcase work in portfolios.
- Case studies: They might want to write about the project.
- Agree upfront: Agree on portfolio use in your contract.
Third-party assets
1) Fonts and images
Fonts and stock images have their own licensing.
- Font licenses: Check font licenses - some require ongoing licenses.
- Stock images: Stock images are licensed, not owned - check license terms.
- Custom images: Images created for you should be yours.
2) Plugins and themes
If your site uses third-party plugins or themes, they have their own licenses.
- Plugin licenses: Some plugins require ongoing licenses.
- Theme licenses: Theme licenses vary - check what you can and cannot do.
- Customisations: Customisations to themes or plugins might be yours, but check.
What to check in contracts
1) Ownership clause
Your contract should clearly state who owns what.
- Code ownership: Should state you own the code for your site.
- Design ownership: Should state you own the design.
- Content ownership: Should state you own your content.
- Third-party assets: Should clarify licensing for fonts, images, plugins.
2) Access and handover
Make sure you get access to everything you need.
- Hosting access: You should have access to your hosting account.
- Domain access: You should own and control your domain.
- Code access: You should have access to your code (repository, files, or hosting).
- CMS access: You should have admin access to your CMS.
For more on handover, see handing over your website: what to document and train.
3) Right to modify
You should be able to update and modify your site.
- Update content: You should be able to update content yourself.
- Change developers: You should be able to have someone else work on your site.
- Modify code: You should be able to modify code (or have someone do it for you).
Red flags
Watch for these warning signs:
- No ownership clause: If the contract does not mention ownership, ask for clarification.
- Developer owns code: You should own your site's code, not the developer.
- No access: If you cannot access your hosting, domain, or code, that is a problem.
- Cannot change developers: You should be able to change developers if needed.
- Ongoing fees for ownership: You should not have to pay ongoing fees to "own" your site.
What to do if ownership is unclear
- Ask questions: If ownership is not clear, ask the developer to clarify.
- Get it in writing: Make sure ownership is stated clearly in your contract.
- Get legal advice: For complex situations or high-value projects, consider legal advice.
Summary
You should own: your website code, your content, your design, access to hosting and domain.
Developers might own: reusable code libraries, frameworks, tools (but you should still own your site).
Third-party assets: fonts, images, plugins have their own licenses - check terms.
Check contracts: ownership clause, access and handover, right to modify.
For more on contracts, see website project contracts: what to include and what to avoid. For more on handover, see handing over your website: what to document and train. You can also get in touch to discuss your project.