Do you think you are the sole owner of your website?

News in the world of IT

03 May 2012

Do you think you are the sole owner of your website?

The website has become essential in business, yet it needs to be well managed, scalable and constantly kept up to date so that it remains attractive to visitors and consumers. The Web also bacame an important source of strategic information that has a direct impact on the success of business people. A business without a website has most likely no future and in this sense, I certainly do not teach you much.

However, many business owners do not know they do not have all the rights, including intellectual property on their main marketing strategy: their own website!

What is intellectual property?

Intellectual property is, in simple terms, a right that belongs to the author of a work, such as a website designer in this case. Intellectual property protects the way of working that is unique to the author. In addition, the author may have created and used specialized tools or methods to make more productive work and thus make your website more effectively. Often, during the process, some of its tools and methods leave footprints in the source code or the appearance of a website. Therefore, if the author is a consultant with whom you have no agreement with regard to the intellectual property of your website, it is highly likely that the author retains his rights even without notifying you. Intellectual property, without specific agreement, belongs to the author. 

"I paid my consultant to conceive my Website. Am I the sole owner of my website? "

The answer is yes, but only if you have signed an agreement that your consultant gives you all the rights to your website. Otherwise, you will run your website, but your consultant will retain an exclusive and significant power over any changes or any form of full or partial copy of your website. Therefore, the fees paid to your consultant does not always give you all the rights.

When does this happen? 

Without proper or specific agreement, problems usually occur before the following two situations: if you want to change your site with a new consultant or an internal resource, or if you sell your business to a buyer who requires obtaining all the rights. One way or another, you hope that the author will transfer your site without too much cost or constraint, with all the rights and all sources for the design of your site.
Faced with such situations, you may have to negotiate with the author, to acquire all rights to your website. At the same time, you might have to ask him to transfer your domain name. All this may be very difficult to conclude if the quality of the relationship you have with your consultant is not what it should be. The other option would be to completely redo your site, and you may also have to find a new domain name! Surely you imagine the impact on your customers and revenue if customers can’t find you under the same domain name ... In many cases, this is very expensive and problematic for a company.

Am I the owner of my domain name that is attached to my website and my email address? 

The domain (e.g.: helps visitors find your website and identify your organization. The example of NeoSynergix is the name of our company itself presented as a domain name on the web. If you do not make sure to periodically renew your domain name at your registrar, your domain name will eventually be disabled and your customers will not find you on the web, nor will they be able to communicate with you through your email address accordingly.

It happens that consultants register, for their client, the domain name. The client may not know that the domain name does not belong to him, because the consultant registered it in his name, even if the client uses it for its website and emails.

Again, the customer must ensure that the contract states that the domain name belongs and will be recorded in his name. In addition, the consultant will deliver all the information that will enable the client to manage his own domain name.

Any doubts?
If you have any difficulties finding your way, our team will help you. Visit our website or call us at (514) 271-2779, ext 229.