Intellectual Property for website

[welshman83]

Hi there.

I am just about to launch an Ecommerce website. The site is more or less bespoke and I have spent a lot of time and effort getting it exactly as I want it.

What should I do to ensure that the company I have used does not sell on my design as a template to other customers?

Thanks in advance

 

[Faevilangel]

Did you sign a contract with the company? If not then they may have a terms and conditions on their website. I would go see them / speak to them and talk about this as it may be in their terms.

 

[welshman83]

Hi thanks for your reply.

Yes I checked the contract but it is very flimsy. One thing that it states is ownership remains with the company until the full balance is paid. So I guess this means that once I pay up then the ownership goes to me?

I've paid for legal documents online which I will ask the company to sign before it goes live. However I am just wondering has anybody had any problems with this before?

I know you can register the website with the UK copyright service, but not sure if this is government run or just a company?

 

[InPrintImaging]

Hi thanks for your reply.

Yes I checked the contract but it is very flimsy. One thing that it states is ownership remains with the company until the full balance is paid. So I guess this means that once I pay up then the ownership goes to me?

I've paid for legal documents online which I will ask the company to sign before it goes live. However I am just wondering has anybody had any problems with this before?

I know you can register the website with the UK copyright service, but not sure if this is government run or just a company?

Are you saying "ownership", or are you saying "copyright", remains with the company untill paid for? That might seem abstract, but it has significant legal implications. "Ownership" could mean ownership of a licence to use copyrighted work, it does not mean ownership of copyright itself. The reality is an ownership clause like this is used to protect the web designer/creator since if you decided you were going around and try not to pay them, then they can sue you not only for breach of contract, but also for breach of copyright/breach of licence. A good incentive therefore to honour your contractual obligations.

In fact the default position with copyright is that the creator retains the full rights unless they specifically contract them away (the test usually used is - who pays the creators national insurance? If they pay it themselves, then generally they are treated as a business/contractor and retain the copyright). As far as trying to vary the contract, you would need to talk to a solicitor, but I rather suspect trying to draw up an additional set of terms when you already have an agreed set, wouldn't wash in court.

Generally speaking, if you have paid the money for a bespoke designed (individual) website, then that is what you will get. If you have paid the lower fees associated with a template design (less unique) then likewise, that is what you will get. Ultimately, you need to check the terms of the contract you have alread signed.

 

[welshman83]

Hi there. The exact wording is ownership. The company owns the code and design until final payment. When payment is complete I then own the code and design.

Just wanted to add too, I don't have a problem with me getting what was agreed. My website is definitely just as I want it. I just don't want the design then copied and sold on as a template. Basically the company don't have an e-commerce store like mine in their portfolio at the moment.

Another question, the company have their name on the bottom on the website. I want this removed before it goes live. Where do I stand with that? (nothing in the T and C to say it has to remain)

 

[InPrintImaging]

Hi there. The exact wording is ownership. The company owns the code and design until final payment. When payment is complete I then own the code and design.

I'd always suggest deferring to a lawyer, but from the sound of what you have there, that sounds like you own the copyright, once paid. Note however, I'm not a lawyer. Copyright protection is automatic, no need to register. Other forms of intellectual property need to be registered (eg patents).

Further information here

http://www.ipo.gov.uk/types/copy/c-applies.htm

To be honest, I personally have never heard of anyone copying a website. If you have been sold something that is bespoke to you, then the application of this to others may be fairly limited anyway. Bear in mind, there are only a certain number of ways that somethings can be done, for example link code in html. If memory serves me correctly, copyright doesn't subsist in something that is generic, although it will subsist in the text, the graphics, images. Not sure about the arrangement of the page. You would need to check with a lawyer for that.

You could potentially register a trade mark if you have one.

 

[Poppy Design]

Another question, the company have their name on the bottom on the website. I want this removed before it goes live. Where do I stand with that? (nothing in the T and C to say it has to remain)

I think this is usually one of the marketing benefits for the web design/development company only as opposed to any benefit for you - however usually if it is very discreet most clients do not mind - unless in their contract then the design company should be fine about your request too.

 

[milian]

Another question, the company have their name on the bottom on the website. I want this removed before it goes live. Where do I stand with that? (nothing in the T and C to say it has to remain)

Just ask them to remove it, they should be fine about it.