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A common surprise: a business pays for a website, then discovers it doesn't clearly own the design, code or even the domain. So, who owns website design: the client or the web designer? It depends on the law's default rules and, more importantly, on your agreement.
The default position
Under Indian copyright law, the author (the designer or the agency employing them) is generally the first owner of a work, unless:
- The creator is your employee acting in the course of employment, or
- There is a written assignment of copyright to you
So paying a freelancer or agency does not automatically transfer ownership. The contract decides.
What a good agreement says
- Final design, content and custom code are assigned to the client on full payment
- Pre-existing tools, frameworks and reusable components remain with the agency, but the client gets a permanent licence to use them in the site
- Third-party items (themes, plugins, fonts, stock images) are used under their own licences
- Domain and hosting are in the client's name. See who should own your domain and hosting
- Portfolio rights: the agency can show the work in its portfolio (or not, if confidential)
- Credit link: whether "Designed by" appears and can be removed
See website development agreement clauses.
Templates and themes
If your site uses a purchased theme, nobody owns that design exclusively. You (or your agency) have a licence. Other businesses may use the same theme. Custom designs give you more exclusivity.
Common disputes
- Agency refuses to hand over files after a payment dispute
- Domain registered in the agency's name
- Client reuses the design for another business without agreement
- Agency resells a custom design to a competitor
Clear written terms prevent almost all of these.
Joboo Web's approach
After full payment, the design and content we create for you belong to you, and domains are registered in your name. See our Terms and Copyright Policy.
FAQs
Can my designer take my website down if I stop paying?
If they control hosting or the domain, they may be able to. That's why ownership and access should be with you.
Do I own the website if I paid only the advance?
Most agreements transfer rights only after full payment.
This article is general information, not legal advice.
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