Your business decides to hire a web developer to create a website. Or perhaps, you or your company is in the business of developing Internet websites.

Under U.S. copyright laws, the developer of a website owns the intellectual property and copyrightable elements of the website.

The copyrightable elements of a website include the text, graphics, scripts, code, and the “look and feel.” Unless there is a website development contract to the contrary, the website developer’s client only obtains a non-exclusive license to utilize the intellectual property that it paid to develop.

Even the copyright notice on the client’s website applies only to the contents that were developed by the client and not to the contents that were created by the developer. This means that in the absence of a properly drafted website development contract, the website developer can sell a website that is similar to yours to your competitors.  Additionally, when the business relationship with the website developer ends, the website developer can demand that you stop using its intellectual property and copyrightable contents. If you refuse, you may find yourself as the defendant in a copyright infringement lawsuit.

Additionally, in the absence of a properly drafted website development contract, the website developer may refuse to facilitate your business’ transition to a new developer. If your business depends on its website, it may never recover from this website hijacking scheme commonly applied by some website developers. You should be aware of the risks associated with the absence of a carefully drafted website development agreement and should consult with an Internet Attorney before hiring others to develop your website.

Our Internet Law Attorneys draft and negotiate website development agreements on a daily basis and can provide you with the knowledge and experience necessary to assist you every step of the way.