Copyright on a website often leads to questions. Clients often feel that they are the copyright holder of the website. After all, they determine what needs to be done and they pay for it.
But that is not true. The main rule from the Copyright Act is that the creator of a work has a copyright on the website.
A website can consist of several works. For example, there is the design (layout) of the website; the source code of the website; and the content (text, images, video, etc.) on the website. Copyright always rests, in principle, with the maker of those different works. It is, therefore, possible that that the copyrights on the website already rest with the client (because often the content is supplied by the client and is the creator thereof). With regard to the works developed by the contractor, the copyrights thereof can be transferred to the client by deed.
Also, only usage rights can be granted in a license. And sometimes the contractor also used third-party software, such as the underlying CMS system or various plug-ins or extensions that provide certain functionality. The copyright on the websites does not necessarily include these parts.
The contractor cannot transfer these rights because he does not have them himself (and also “only” has a right to use). The use of this and, for example, standard software can be a reason for a website developer not to (be able to) transfer rights.
Copyright on the website can be relevant for the client if, for example, he or she does not want to be dependent on the developer, but also wants the maintenance or management to be carried out by someone else.
The client, therefore, wants to have access to the source, codes and scripts. In short, the following applies to both parties: Copyright on a website must be properly arranged.
We regularly handle legal matters relating to copyrights on websites. For example, we advise on whether there are copyrights on the design, the source, the code or the content, and we assess whether there is an infringement. In doing so, we act for both copyright holders and for parties who have been held liable for infringement. As ICT law specialists, we also know about source codes.
Typical things that we regularly approach include the handling of summons to the removal of (allegedly) infringing content. In addition, we regularly draw up deeds or agreements necessary for a license or the transfer of copyrights.
LAWFOX’s lawyers are happy to assist you. We can prevent legal proceedings for your company or organization, or take legal action if required. On our website, we have a team available for you to help with all your questions about copyrights.
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