For each license, it is important that the terms of this license be as broad as possible and allow you to use the website and associated intellectual property rights as far as you need them. Other aspects to consider are whether you need a right to sublicensing, the duration of the license and whether the license is limited to certain areas. Many customers think they own the work product we created. Legally, it is within the framework of your agreement. Intellectual property law is complex. Avoid conflicting on this issue with clear agreement. Sometimes called web design contract, website contract, website development contract or professional web design contract, this could be one of the most important documents you sign when you hire a software company. This part of the agreement should also include a non-competition clause. This means that you are not going to try to hire each other`s staff. Most competition bans are six months to one year away. It is important to consider the different aspects of the website in which intellectual property rights will exist. In each site, there is probably the design (the “Look and Feel” site), logos, text, images, features, possible underlying databases, software and, of course, the source code of this software. We have compiled a checklist that shows how our agreement covers you in all aspects of the project.
In addition, the developer, when using employees or contractors for the project, must require notification in the event of data or work being carried forward outside the United States, and must ensure that the developer`s employees and contractors are also subject to confidentiality requirements. You and the design company must determine whether the work is provided as a fixed specification or as a modular development. We know you prefer to focus on your company`s marketing and development sites. The assembly of a legal document simply seems to take longer. The link is probably indirect and the path includes the passage of another site. However, you need to make sure that you have the right to do so if your web developer wants to insert a hyperlink to another website. If your website has been developed by another party, your web development agreement should clearly determine whether links can be added by a web developer or not. This is a risk for which you are responsible if your web developer has done something without your knowledge.
This article deals less with dolls/ownership of physical property/the right to transfer property than with intangible property, particularly the rights that exist when developing a website (intellectual property rights). The doll scenario is not a real analogy, unless it seems just as unfair (if not deal-breaking on occasions, which I have seen in the past) that if a company to procure and pay for a website, to design and develop a site, the general position in the law is that, despite the payment in full to the agency, the company does not own the intellectual property rights on the software that is the basis of the site, unless the company and the agency have signed a contract with an express provision to that effect. In case you want to appoint a third party to design and develop a website for you or your client, it is important to agree in writing who will take possession of the site`s intellectual property rights.