Small Business Resource Center Blog: Small Business and Digital Design Copyright

After paying a fee for a custom digital design such as a website, multimedia production, logo, or graphics for online or print, most customers will assume they own the contents of that project. In most cases they do not. The intellectual property and creativity to produce your project belongs to the designer with very few exceptions.

For small business clients who use independent contractors to create custom works for online or printed marketing materials, the question of copyright ownership must be understood. Except in instances where your designer is a direct employee, you do not retain the copyright of custom designs created on your behalf unless the designer specifically transfers the right of ownership to you.

Designers who produce creative works such as websites, multimedia, or printed marketing materials, establish copyright ownership the moment the work is created. Customers should consider the consequences of content they provide, also. Here's an excerpt about copyright from the order page of the Small Business Resource Center:

Customer Provided Content and Copyright

The customer by placing an order for design services unconditionally guarantees that they own the copyright, or have permission from the copyright holder, of any content they furnish including text, graphics, photographs, audio, video, designs, trademarks, or artwork submitted for use in the website, multimedia, or printed marketing materials.

Design services are provided as an independent contractor, and projects are therefore not "work for hire" as would be the case using a direct employee. As the creative design service provider, Jim Degerstrom retains all rights to any original design of graphics, video production, or programming code created on behalf of the customer. Therefore, customer rights of ownership are limited to fair use of designs in the original intended use only, whether in print or online.

Clients using independent contractors have an obligation to provide content that does not violate copyright law. For example, the term royalty free photographs does not imply free and unlimited use of a photograph. Even photographs from sites such as those listed in my Royalty Free Photo Directory that allow free commercial use without a one-time or recurring fee do not transfer ownership rights to you.

In addition, digital works such as websites, multimedia, and designs for print carry further obligations. Once the designer creates your project they naturally deliver the results for your fair use. They still own the design. Changes or further use of that content without written permission from the independent contractor may be a violation of copyright law, also.

While this post discusses general copyright issues, small business owners and other readers must seek professional legal advice for answers to questions about their specific circumstances.