Here at Clever Web Web Designs, we strive to know as much as we can about our field! So we are constantly reading website development websites for new information. This morning I came across this article from one of our favorite sites. It is regarding copyright on websites and their content. Now, most individuals don’t realize that when having a website developed there is a copyright involved. It is very important that you ask your potential developer about those rights prior to hiring them.

As most developers (conveniently) avoid this topic to make more money in the long run. When a website is completed, the developer owns all the designs (unless noted otherwise in the contract) for your website. After which when the website is completed they can turn around and sell your design to another client. Or more often, they will notify you that they in fact own the designs but are willing to sell you the rights for up to 5x the cost of what you originally paid.

You see this process more often when purchasing templates. Generally, those templates will have two prices, the “Standard” for under $150 and the “Exclusive” for over $2,500. Keep in mind to always ask your potential developer these types of questions as it will save you many headaches, money and time in the long run. We for example, pass the rights for the stock photos, designs, logos and anything you hire us to create.

Here is the article by SitePoint.com: 

The vast majority of websites have a copyright notice in the footer. Most designers do this as routine on all websites they design. But what exactly does it mean and what protection does it provide? This is vital information for web professionals to know. Here are answers to some common questions related to copyrights.

Please note: This information is based on copyright laws in the U.S. as provided on www.copyright.gov. It is provided as general information and is not a substitute for professional legal advice.

What Is a Copyright?

According to the U.S. Copyright Office, “Copyright is a form of protection provided to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works.”

The basis of the U.S. law is the Copyright Act of 1976, which gives authors of original works exclusive rights to the works and the option to grant usage rights to others. Generally, the rights include:

• Reproduction
• Development of derivative works
• Distribution
• Public display

How Can I Copyright a Website?

Original work is copyrighted from the moment of creation, provided it’s fixed in tangible form. What does “fixed in tangible form” mean? This means that the work has to be documented or communicated in an observable way, either directly or through a machine or device. Some examples of fixed in tangible form include written on paper, saved on a hard drive, or captured on a recording device. Ideas, systems and methods cannot be copyrighted.

A website — graphics, content, visual elements — is copyrighted at the time of development. So putting the copyright notice on the bottom of a site states that the material displayed is not to be used without permission of the owner. In fact, you don’t even need the notice to claim copyright; the law eliminated the requirement of public notice in 1989.

To take this one step further, copyright registration is an option when protecting online works. Registering a copyright provides a public record of ownership, plus registration is necessary before filing an infringement suit in court, should you ever need to do so. You can register online or by mail, by providing an application, a non-refundable fee (which is currently $35 for online registration), and a non-returnable deposit. The deposit is the entire work to be copyrighted (i.e. the website), which can be uploaded or sent in via CD.

This is important to note: the registered copyright only extends to the works included in the deposit. If you update the website after filing the copyright, you will need to register again for the new material. There are two cases (databases and serials/newsletters) where, if you meet the requirements, you can register in three-month chunks, with the copyright covering three months at a time. See Circular 62b for more information serials and newsletters, and Circular 65 for more information on databases. Please note: At the time of writing this, Circular 65 was being revised and was unavailable.

Who Owns Copyrighted Material?

Generally, the creator owns the rights to the work, except in the case of a “work for hire” arrangement, such as an employer/employee relationship. If you’re a freelancer or business owner hired to create a specific work, you are considered the creator and retain all rights, unless you have a “work for hire” agreement with the client that grants them ownership of the work. These details should be negotiated and outlined in your contract for every job so there is no question about ownership. This paragraph has been corrected from the initial post which misstated the designer’s rights.

Does a Copyright Extend Internationally?

There is not a world-wide copyright, but many countries adhere to international copyright treaties and conventions for foreign works. Review Circular 38a for a list of countries and their copyright laws.

For more information on copyrights, how to register and current fees, visit www.copyright.gov.

You can also read the full article directly on their site:

What it means to copyright a software.

As a web design company we get a lot of different requests for quotes. Some clients are actually surprised by the cost of their project. So let’s look into this more in detail. What does the average Web Site cost? Let’s answer a question with a question. What is an “average” website anyway?

Average: n
1. An intermediate level or degree.
2. The usual or ordinary kind or quality.

In order to succeed online, you need more than “intermediate” or “usual or ordinary”. Also, I don’t think you would find a single business owner that would be satisfied with an “average” web site. With all our years of online experience, most want extraordinary.

You could visit 100 different developers and get 100 different price quotes based on your description. The price will vary based on the business experience and skill set of the developer, what their services include and what type of site you would like them to create for you. And, many times clients are surprised at how what they feel is a simple description, may not be as simple to implement.

Since each site owner has different desires and expectations, you can very quickly see how there can be no such thing as an “average” web site cost.

What Determines Web Site Costs?

For example:

1. How many total pages do you want to have in your Web Site? Most developers charge by the page.
2. How many contact forms would you like to have? The complexity of each form can determine the price.
3. Do you want any special functionality or scripts that need to be integrated? If we can use an “out of the box” application or existing scripts, the costs are much less.
4. Is the functionality you desire something that has to be customized to your requirements? Reinventing the wheel or customization of established applications takes time, skills and additional cost.
5. How many images or photos do you want the developer to “Webolize” and integrate for your site? Quality graphic creation for the Web is a skill set in of it self in order to have visually appealing photos and graphics on your site. The number of graphics/photos will dictate the time required to integrate them into your new site.
6. How much support and training will you require to run your new online operation?

Look at building a Web site like building a house. Number of bedrooms and baths, attached garage, Jacuzzi, hardwood floors or vinyl or whether you have central air or not can and will affect the final price tag of your home. The very same methodology applies to determining the cost for Web sites.

Based on our years of online experience, when potential customers are looking for the “average” cost, they are more times than not looking for the least expensive cost. What a mistake!

Now that your Web Site will be your company’s face to the world, price shopping based on average Web Site costs alone, can many times have the customer choosing a less experienced and skilled developer. The results will then have a negative impact on their online presentation and reputation.

Web development is still a fairly new industry. If you are seeking out prices for your project, you’ll find project costs will fluctuate from developer to developer. This is where it is imperative for the customer to be an educated consumer.

Clients cannot let their lack of knowledge or intimidation with technology prevent them from learning enough to be able to separate the wheat from the chaff. If they don’t make the effort to investigate their potential online partners, they may find they will not get what they assumed they were paying for. Nor will they experience the necessary ROI to grow their program.

Just as in any service business, those who are good at what they do, do not compete on price. They don’t have to because referrals keep their production schedule filled with new customers who see the value in what their skills and experience can bring to their program. The same goes for technology consulting.

To gravitate to an individual or company solely based on them being the least expensive is surely not a wise business decision when you need to trust and rely on that consultant for your business image, branding and ROI. In a day where almost everyone is a “Web designer”, the onus is on the customer to determine who in fact has the professionalism, skills, experience and expertise and more importantly the ethics and integrity to help them reach their goals.

Customers also need to understand that those very same traits come with a price tag. To think you would get an experienced professional presentation at the cost a high school student or what a beginner who dabbles in Web design software may charge is basically naive.

That said, when you choose the right partner, for all the right reasons, you should have no problem recouping your investment by experiencing a strong ROI based on their ability to guide you appropriately. When looking for a developer, you should also be seeking a long term partnership. Not a company you can hire today who can go out of business tomorrow, but a true partner that will be there to help your program grow to its full potential as technology evolves.

Your “average” web site cost should also include marketing assistance and expertise. When it comes to creating Web Sites, you literally have to think about the marketing aspect before you type a single bit or byte of code. If your developer doesn’t have this marketing expertise or the ability to assist you with your marketing strategy once your site is launched, you are starting out with a major disadvantage.

So, I guess that old adage does apply to average Web site costs. You get what you pay for.