You own the code: what that sentence has to mean in writing
Why the sentence alone is not enough If an agency's site says you own the code, that line sits on a sales page, and a sales page is not your agreement. What counts is what the signed paper says. Under US copyright law, copyright in a work starts with the person who made it, its author. So unless something else is signed, the business that paid for the code is not its author, and does not start…
Simply stating that an agency owns the code on their site does not constitute a solid agreement. Legally, ownership begins with the individual who created the work, the author. In the US, copyright ownership starts with the author. Therefore, unless otherwise stated, the company that paid for the code does not automatically become its author and does not own the copyright.
There are two ways to alter this: either the work is a "work made for hire" or it is transferred to your business. For a work made for hire, it must fall under specific categories outlined by law and both parties must sign a written agreement declaring this. For a transfer, the copyright ownership must be documented in writing and signed by the rights owner.
Simply having "work for hire" in a contract may not be sufficient. The agreement should also include a signed transfer of the copyright to your business. If the website is a significant revenue source, it is advisable to have a lawyer review the relevant clause before signing. The code's location is crucial. It should be under your business's control, not the agency's.
GitHub serves as an example where only an account owner can transfer the repository. Ensure the repository is in your business's account or that you have administrator access from the start. If the agency holds this access, code movement depends on them, regardless of what the sales page stipulates. Once the transfer occurs, the new owner can manage the code, issues, releases, and settings immediately, including the commit history, which records past changes.
The domain's registrant holds the rights to the domain name. ICANN advises against listing third parties such as web designers or hosting providers as registrants. If your web designer is listed as the registrant, their rights to the domain supersede yours. ICANN also emphasizes that registrants are solely responsible for the registration and use of their domain.
This responsibility extends to the hosting account, which should also be under your business's name, with the agency listed as a member. Services like Vercel can facilitate this transition. Their documentation highlights the necessity of being an account owner to move projects, as additional integrations and log data remain with the original account.
If the agreement does not clearly outline these details, it is prudent to have a lawyer review the ownership clause before signing.
Written by urgent.news from Dev.to's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
