Web Design, Copyright, and Your Business
A few years ago, I helped a client make some changes to their website. This was a client who had a website already, but she wasn't happy with her developer so she came to me for help. I made the changes to the text and images on the homepage she asked me to and thought nothing more of it.
To my client's surprise, she received a letter from her website developer's lawyer stating she had broken the developer's copyright on the design of her site. The letter insisted she return the website to its previous state and that any further changes to the site had to be done through the former website developer.
Needless to say, my client was appalled that this company had the audacity to make these demands as they had not been able to make the basic updates she had requested. She was also surprised that they hadn't discussed the issue with her in person to find a resolution to her dissatisfaction. As she did not want to work with the former developer any further, we had no option but to redesign her website, thus voiding the developer's claim to the copyright.
I recently came across another website designed by the same developer my client had fled from. At the bottom of the site was the following:
"Copyright 2007. All Rights Reserved
Duplication in whole or part is Expressly Prohibited without written consent."
What caught my attention was the fact that it was unclear WHOSE copyright this note referred to. Was it the organization represented by the website or was it the designer's?
I think copyright is important. I also think that it is important for website developers to tell their clients WHO owns the copyright on the COMPLETED work.
If you are in the business of delighting customers and helping them meet their online goals, you shouldn't have this kind of disconnect. If you are truly working FOR your clients, you explain everything in advance to them so they can make an informed decision to work with you. For a client to become so unhappy they decide to leave without telling you and the only way you can still work with them is by threatening to sue them for violating your copyright is not a winning strategy for anyone.
If you're a developer, I'd be interested in hearing your views. If you're a consumer of web development or internet marketing services, keep copyright issues in mind when you're having work done.
To my client's surprise, she received a letter from her website developer's lawyer stating she had broken the developer's copyright on the design of her site. The letter insisted she return the website to its previous state and that any further changes to the site had to be done through the former website developer.
Needless to say, my client was appalled that this company had the audacity to make these demands as they had not been able to make the basic updates she had requested. She was also surprised that they hadn't discussed the issue with her in person to find a resolution to her dissatisfaction. As she did not want to work with the former developer any further, we had no option but to redesign her website, thus voiding the developer's claim to the copyright.
I recently came across another website designed by the same developer my client had fled from. At the bottom of the site was the following:
"Copyright 2007. All Rights Reserved
Duplication in whole or part is Expressly Prohibited without written consent."
What caught my attention was the fact that it was unclear WHOSE copyright this note referred to. Was it the organization represented by the website or was it the designer's?
I think copyright is important. I also think that it is important for website developers to tell their clients WHO owns the copyright on the COMPLETED work.
If you are in the business of delighting customers and helping them meet their online goals, you shouldn't have this kind of disconnect. If you are truly working FOR your clients, you explain everything in advance to them so they can make an informed decision to work with you. For a client to become so unhappy they decide to leave without telling you and the only way you can still work with them is by threatening to sue them for violating your copyright is not a winning strategy for anyone.
If you're a developer, I'd be interested in hearing your views. If you're a consumer of web development or internet marketing services, keep copyright issues in mind when you're having work done.
Labels: copyright, internet marketing, website design
posted by Mark Kawabe at
6:33 PM
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