Owner to Owner I get asked this question often, Who owns my website and digital assets?
Business owners have to wear multiple hats, make tough decisions, and we rely on our staff and each other to be the experts in areas that are not our sweet spot. In a collaborative business community, we often ask each other questions where our expertise shines. Recently the question of who owns my digital assets has been asked multiple times and I thought it would be a great topic to provide clarity.
Are You Truly the Owner of Your Digital Domain?
In today’s digital World, a website is often a business’s most valuable asset. However, many business owners need to be made aware of the nuances of website ownership. It’s important to understand who truly controls your online presence.
Three types of website platforms & what makes them different:
- Custom Development: The website is developed with custom programming and the business owner should have language in their contracts the bespoke work provided by a developer or in-house team owns the source code.
- Open Source: The development community collaborates on a specific platform, i.e., WordPress, which can be used for free. Some plug-ins or modules needed for specific functionality and Design themes are available to purchase that can be customized for individuals preferences and site performance.
- SaaS Platforms: Software as a service is available, there is no ownership of the core development elements, some limitations on customizations may exist and there is a monthly subscription fee. You cannot move this site from one hosting partner to another.
Red Flags Indicating Lack of Ownership
- Recurring Subscription Fees: If you’re paying a monthly or annual fee for web services that is different than a hosting fee, it’s likely that your provider retains ownership of the site and all the content. If you are not able to move the site to a different hosting provider, and if you want to change platforms, you have to recreate the site.
- Limited Access: You should have direct control over your website’s content and settings. If your provider restricts access, it’s a red flag. This could indicate you are in a shared hosting environment, which could lead to security issues.
- Generic Website Design: A cookie-cutter template often indicates that your provider uses a pre-built design, suggesting they retain ownership, or it is a SaaS program that is not available for ownership.
Ensure True Ownership Of Your Digital Assets
To protect your digital assets, a business owner should take the following steps:
- Domain Name: Ensure the domain name is registered in your name, not your developer. Maintain control and protect your username and password. Verify the renewal alerts are going to the right email address ensuring you never miss an alert to renew. It is costly if you lose domain access and have to reestablish a new URL and email program for your team.
- Review Your Contract: Carefully examine your MSA agreement with your website partner. Look for clauses explicitly stating ownership rights for bespoke development, creative, copy, digital images, and design work. It is normal for this clause to be specifically highlighted that when the project is paid in full, ownership transfers to your business as an asset. This includes design, purchased artwork, plug-ins, and themes.
- Seek Counsel: If you’re unsure about the terms of your contract, ask a professional in the industry to review, we understand the lingo, or consult with a legal professional specializing in intellectual property.
- Transfer Ownership: If you discover you don’t own your website, negotiate with your provider to transfer ownership. This might involve additional fees or a transition period.
- Backup Your Data: Regardless of ownership, always maintain regular backups of your website’s content to protect against data loss. This backup should be saved on a second server, in case the website hosting server has a technology glitch and you need to access it from a different hosting facility.
We are here to help
By understanding website ownership and taking proactive measures, you can ensure that your digital domain remains a valuable asset under your control. Protecting your business starts with knowing where you stand and taking the right steps to secure your online presence. If you’re uncertain about your current website ownership status or need expert guidance on navigating the complexities of digital asset management, don’t hesitate to reach out.
