Is the Web Designer Responsible for Copyright Problems on a Client's Website?

A complaint arrives about a copied photo on a business website. The owner says "my designer put it there". The designer says "the client sent it". The host just stores the files. Web designer copyright responsibility depends on who supplied the content and what the contract says.

Usually: the website owner is primarily responsible

The owner publishes the website and benefits from it, so complaints and legal notices usually go to them first.

When the designer may share responsibility

• The designer chose or added the infringing image, text, font or theme
• The designer copied another website's design or code
• The contract promised original work or properly licensed assets
• The designer used nulled/pirated themes or plugins

When the client is responsible

• The client supplied the content (photos, text, logos) and asked for it to be used
• The client edited the site later and added the content
• The contract says the client warrants they own or have rights to supplied material

The host's role

The host stores content for clients and must act on valid complaints, but generally isn't liable for content it didn't create, under Section 79 of the IT Act. This is exactly what Joboo Web's copyright policy explains.

Contract clauses that help

• Client warranty: client owns or has rights to all supplied material
• Designer warranty: designer-sourced assets are original or properly licensed
• Indemnity: each party covers losses from material it supplied
• Asset list: images, fonts, plugins and their licences handed over at launch
• IP assignment on payment. See who owns the website design

See also website development contract clauses.

Good practice for agencies

• Keep a licence record for every stock image and font. See font licensing
• Use licensed themes and plugins only. See open source licences
• Ask clients to confirm rights in writing when they send content

FAQs

Can a client sue the designer after receiving a notice?

Possibly, depending on the contract and who supplied the content.

Should designers refuse unclear content?

It's wise to ask for the source or suggest licensed alternatives.

This article is general information, not legal advice.