Despite the fact that web has become so popular, many people are still not aware that web designing and web content are subject to copyright laws. This, in simpler language, means that web design and web content already existing on another site cannot be copied.
The copyright also extend to colour scheme, links, graphics, logo and all other web content.
Web Design Copyright Violation
Assume a person either owns a website or intends creating a new website and selects designs for use from different existing websites. As there is possibly very little time available before designing a full-fledged website, the web is created with designs liberally borrowed from other sites. This is a cognizable offence and the owner or owners of the original websites can proceed legally for violation of the copyright laws.
Likewise, assume a company wishes to outsource web design to a third party. The company may even guide the designer with the company particulars, color and links for the propsed site. Quite often the company may not have copyright over its own design and it would be too late before any redesigning with fresh content is possible.
All web designers must understand that existing web design, web content, links and colour scheme belong to the owners of the sites and cannot be used by any other designer without a signed written agreement with the respective owners.
Web Design Copyright Laws
It is necessary for a company using copied web design or any other copied web content to sign a written contract, either before or immediately after the completion of the design process to avoid action against copyright laws.
The copyright laws are clear that if an employee creates the web design for the company they work for, then the copyright of the web design belongs to the company and not to the individual employee.
The copyright laws are quite exhaustive and assuming there is no written agreement, a license may suffice provided the license is royalty-free and non-exclusive in nature This license would legally entitle the website developer to both maintain and upgrade the site. However, should there be a lawsuit the copyright laws may still favor the original designer.
The copyright laws state that if the web designer had copied the design from some unprotected websites, the web designer and the company can claim copyright to the web design. The copyright law also permits the designer to reuse and further improve the web design for any other client. The only restriction is the web designer has to delete all the confidential information provided by the previous owner.
A web designer can also have a feud with the owner of the website if the latter denies payment for the designing work. In all such cases, the unfortunate aspect is the law protects the owner - more so, if the amount exceeds $ 500.00.
Hence, it is advisable that the web designer and the site owner enter into a legally binding agreement that incontrovertibly spells out all the the rights of both parties to the contract. This type of a contract will be immensely beneficial to the web designer and the site owner.
Reference:
Read my article Web Copyright Isues: Design Issues for more information.
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