Do You Legally Own Your Web Site?

You paid good money to have your website designed. But are you sure that you actually own it?

You may be surprised to learn that the firm that did the development work for you may actually be the copyright owner of your web site. If you retained an independent development company or individual to create your site, ownership of your site may be at risk unless you properly contracted with the developer to assign the copyright to you. In short, you may have paid a lot of money to have your site developed, only to find in the end that the developer, and not you, is the copyright owner. If you are in charge of having the web site developed within your company and ownership of the web site later becomes an issue, this may be very difficult to explain to your manager or the board of directors.

Copyright Laws Specify Who Is The Author

The two legal factors involved will be the United States Copyright Act and the contract that you may ot may not have entered with the developer. It is fairly clear under the Copyright Act that the developer would be considered to be the “author” of the web site if the developer was an independent contractor and not a bona fide employee. It is the “author” of the work that has the rights that the copyright act provides.

Works Made For Hire

For a website developed in house by an employee, the company would be considered the owner of the copyright. This is because works created by employees are considered to be “works for hire.” With a “work for hire,” the employer has the right to copyright the work and to assert all of the rights of a copyright owner.

There are cases where an independent contractor can be considered to have made a “work for hire” that vests rights in the company that contracted for the work, but the conditions for this would be very difficult to meet in the case of a web site developed by an outside firm or individual. There are 3 requirements in order for a work created by an independent contractor to be considered a “work for hire.”

The first requirement is that the work be specially ordered or commissioned by you. In most cases, this test will be met if you have contracted the web developer to create your web site from scratch and not based upon a site that the developer has previously created.

The second test is more difficult to meet. The work has to fit within one of the narrow statutory categories which will rarely apply in the case of outsourced web development work. The third requirement is a written agreement that includes a clear agreement between the parties that the work would be considered to be a work made for hire. This requires very specific wording.

Reliance On Work for Hire Status Is Not Enough

One common mistake is to assume that simply placing “work for hire” language in the contract will preserve the copyright in the party contracting for the work. This language alone is not enough. All three requirements must be met and in the usual web development relationship these conditions do not exist. So many people believe that they have the copyright to their work because they used a “work for hire” clause in their contract only to find out later that this clause does not protect their copyright.

Uncertain Ownership Can Devastate Your Business

It is no surprise that this issue of copyright ownership can have devastating impacts on your business. Without properly addressing the issue, the developer and not you would not have the right to file for copyright protection. These rights include the right to control derivative works (modifications) and the right to control publication of the work (posting on the Internet) among other rights.

Practical Solutions To Uncertain Ownership

These potential problems are best solved at the time you enter the contract with the web developer. Most developer provided contracts will be relatively silent on these issues. Silence actually benefits the developer who would usually then be the author of the work under Copyright Laws. This does not benefit the client though.

So what should the client do about this potential problem? Ideally, the original agreement with the developer should require that the developer assign all copyrights in the work to you. The contract should contain language making this assignment and it is also a good idea to require in the contract that the developer provide you with a stand-alone assignment of copyright in a form that is satisfactory to you.

From the developer’s standpoint, web developers often use templates of work that they have done for other clients when taking on new project. You can always satisfy the developer’s concerns by licensing back to the developer certain portions of the work that would permit the developer to use the basic structure of your project as a template for a subsequent project. In doing this, you may be able to negotiate on the pricing aspects of the project and it could work to your benefit. Just be careful not to give too much back to the developer so that the developer can just change the logo and some colors and use your unique layout for another client. You might also consider prohibiting the developer from using your template in connection with a business that competes or otherwise is in a position to take business away from you.

The last alternative that can be used is to have the development company retain the copyright and license the use of the content to the client. This is clearly not the preferred course for the client, but is a method often proposed as a compromise by the developer.

Regardless of the method that you use, be certain that when you pay for development work that you are contractually given the right to use, and preferable exclusively control the content that you have developed.

Reasons to Hire .Net Developers

The demand of offshore application development companies for .Net development processes have increased with every passing week. The companies cutting on workforce and infrastructure are expecting some solutions to expand target market operations without effective profit margins. Outsourcing software development is the most adaptive solution that offer on-time delivery, excellent bug free development, intuitive web application solutions, and minimizes project’s cost. The offshore custom development firms have expert web developers specialized in many different areas in the application development industry.

Clients looking for expert .Net developers will observe robust, scalable and aesthetically wonderful web or software application solutions meeting business needs. Moreover, fresh approach infusing advanced technologies in custom web application development helps increase sustainability in the market. To have bug free, competent and unique solutions in the application development pushes the businesses a stay ahead in the competition. All these features embedded with best performances offering low development costs to the clients.

Today, there are software development companies that offer lucrative paper commitments to get the hold of clients. However, the best custom software development company never needs any commitments to offer. Explaining the years of success stories do not require reading the commitments made on papers, in fact, busy schedules and less availability of the dates for new projects explains everything. Moreover, new clients will find incredible web solutions provided to several known clients in the industry.

Delivering Microsoft .NET technology for customizing business solutions for the clients need expert .Net developers in the projects. The best companies meet desired expectations raised by the clients in the industry. Outstanding business reputation and streaming processes to dip the development cost adds to convincing deal. The applications delivered in the market are full of unique features and makes the other processes rely on the success of the development.

To hire web developers, clients just to contact the offshore application development companies to get marvelous benefits and reduced costs. The clients can prefer to have dedicated team equipped with unique ideas and incredible features that pushed the business growth tremendously in the industry. Quality solution providing bug free deliveries make the services flawless in crucial scenarios.

Moreover, experts handling complexities in the applications and simplifying the development cycle help streamlining the work by reducing development costs. Meeting deadlines before schedule helps clients to discuss if any additions required in the development. So, do let the competitions push you back rather lead the competitors in the development market.

Save Time And Money With ROR Development

We live at a time where superior websites and powerful online applications are necessary in order to boost the business’ presence on the internet. We simply can’t compromise with the quality and performance of our web-based apps and sites as it can spell doom for the business in a big way. This is why it makes sense to search for web technologies and leverage web trends that can give the business an edge over competitors. It’s the quest of staying ahead of the curve that leads us to a web application development framework that uses the Ruby language. This framework makes programming web apps a lot easier than it has ever been.

Similarly, this framework saves the inconvenience of writing lines of codes which is a norm with other frameworks around. Developers worldwide say that using this framework has made web app development a lot more fun than it ever was. In recent times, more businesses have started using this Ruby language-powered framework to boost their overall productivity. More websites and web applications are being developed today using the framework which shows it ever-rising popularity in the industry. There are a range of benefits that Ruby on Rails brings in development and this makes it one of most preferred technologies for web development.

More so, developers find this framework ideal for development purpose as they know that a working prototype is extremely easy to get and running in almost no time. They find it simple to assess the project feasibility and they can easily fix cracks in the development cycle. Since this framework is 100% free, it brings cost benefits and helps businesses get projects completed without spending much. It runs on the open source Linux and developers face absolutely no problem working with this framework. Compared to other technologies, developers find it easy to handle Ruby on Rails, which is a major reason of its popularity.

Furthermore, this framework not only helps save cost but also time in development project. Using it, developers can switch from planning to actual development stage very quickly and this saves a considerable amount of time. What’s more, it is backed by an active and helpful community, much like all those open-source and popular content management systems. Developers in the community improve the code, troubleshoot issues and help all those working on Ruby on Rails and related projects. Since this framework follows coding conventions, businesses will never see their projects run into any sort of issue in case of changing of the development team at any stage.

In addition, Ruby on Rails is clear and easy to use, and this is the major reason of its ever-growing worldwide usages. It brings the benefits of building own plug and play apps without needing support of third-party. Likewise, your future projects can use the same elements present in the existing projects which means, you needn’t build things from the start. Using the framework, your apps can be multi-purpose and expandable at the same time. So, you can avail all these features and more just by hiring an experienced ROR development company.