Because some clients misunderstand ownership of their website or blog AND the images used by a designer to create the site or blog design, I wanted to share some basic information based on what I have learned throughout my years in business and in being a copyright compliant designer.
Do you own your website or blog?
The domain name and the space you place your domain name on (your host) are basically rented from whomever you paid those fees to. You can read more about their TOU on their respective sites.
Do you own your content?
Copyright law states that the creator of any written content on a site or blog automatically becomes the legal owner of said content the moment it is written. The same thing is stated about any photos you take with your camera. So, any text that you write yourself and post on your site or blog is your property and belongs to you. Any photos that you took yourself then uploaded to your site or blog are your property and belong to you.
Do you own the design you paid for?
Copyright law states that the creator of the design for a site or blog automatically becomes the legal owner of said design the moment it is designed. This means that the design I created for your site or blog is owned by me, the original creator of the design. You have only paid for the right to use it.
If the design I created had images or clipart that were purchased (either I purchased them or you purchased them) from any commercial use ok stores, that clipart legally belongs to the original artist of said clipart. Just because I (or you) purchased them does not mean I (or you) own them. I (or you) have only paid for a license to use them in the design and must abide by the original artist’s Terms of Use.
If the design I created had images, clipart, or design elements that I created myself, said images, clipart, or design elements legally belong to me, The Posh Box. You have only paid for a license to use them in the design on your site or blog.
My, The Posh Box, Terms of Use states that the design must be used in the way it was intended at the time of purchase and installation, directly for and on your site or blog only. The full Terms of Use can be read here.
Rights to photos, graphics, source code, work-up files, and computer programs provided and used by The Posh Box are specifically not transferred to the client, and remain the property of their respective owners: The Posh Box or any Graphic Artists artwork used in the design. The full Terms of Use can be read here.
Conclusion
You have only paid for a license to use the design that I, The Posh Box, created for your site or blog. It is very important that I, The Posh Box, abide by the original artists’ TOU when I use their clipart in a design that I create for any client. It is very important that the client then abides by the original artist’s TOU AND The Posh Box TOU in order to use the design on their site or blog. For this very reason, I place original artist copyright information and my own copyright information at the bottom of each page of your site or blog, which must remain intact for the length of time you use the design.
Further Reading on Copyright Laws
Below are a few articles for further reading on this important subject:
Who Owns my Website – Website Ownership 101
What is Website Ownership
Copyright Law on the Internet
How to Avoid Copyright Infringement
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