Question: who owns my website?
Answer: for me, the customer. This is the second question, even in this case the so-called obvious answer cannot be given. People usually think that when you buy something (from a newspaper to a house), it belongs to us.
Why should the website be an exception?
Two points must be clear: Relevant legislation is never clearly defined Is the website a product or a service? Or both together? These considerations and any other excuses won't make you change your mind: when you buy something, it's yours. But why should I discuss website ownership with my webmaster or website agent? Let's see what types of websites can "compete":
A static site can be very simple, just a few pages.
A static website is usually the first website you buy. A little bit don't spend too much money, a little bit we don't want to spend too much material that we may not have, in the end we will find a site tailored to our work (usually tailor-made), in addition to being useful to us, This still cannot be useless for others. In this case, it is difficult for the agency to file a complaint: after payment, the website belongs to the customer. In any case, the written contract or agreement is valid. If there is no site ownership clause, it is best to include it, at the cost of adding and signing manually.
A dynamic site created by the website CMS owner, containing many pages
First of all: what is CMS? Just like the site in the kit, we'll have to fill in empty boxes for pages, text and photos. It is the software structure that allows us to create the site itself. With CMS, customers can independently (or almost) perform most updates: edit existing pages or create new pages. When the software is produced by the same company, it usually belongs to them and is available to customers who wish to own the site.
The fact is that customers may not know how to build the website,
and therefore they may not know that if they decide to leave the agency, the website may not be available to them but it will remain in the agency. The customer has a domain name, but the site content they just left may not follow the customer. This is because to aggregate the website content (pages, text, photos, videos, etc.) that customers have worked so hard to upload together, CMS software is required, but the software belongs to the agent and cannot be used. for personal purposes.
How did you do? How can I leave the agent who created the website for me via the CMS without losing the website?
Many people are still evaluating it, but at the same time the site needs to be redone. This is a recent story: the manager of an important hotel in Milan (our client) recently asked me: but if I decide to leave the company that created the CMS, how do I get a copy? Simple: you can't. What should I do? I'll start right away, gradually copying the structure and content of the current site (WordPress, Joomla or Drupal) to the CMS. If necessary, if necessary, I can prepare a copy in case I leave the agent.
But beware of URL redirection, which may not be replicated exactly the same way:
you may run into big problems in terms of SEO. Therefore, if you rely on an agency that uses a proprietary CMS to create a new website (if you have to leave it) they will not be able to serve you, think about it, you may get up on your feet overnight. The contract is also valid in this case and this aspect of the agreement should obviously be dealt with in writing.
A dynamic site with many pages, based on an open source CMS
For those who don't know, I just explained what CMS is. On the other hand, open source means that the program used to build the site (usually WordPress, Joomla or Drupal) belongs to everyone at the same time. These software can be found on the web all over the world and can be used for private and commercial purposes without paying anyone dollars. They are developed by large developer communities around the world and are the medium that has made the largest contribution to web development over the past five years. Therefore, once a site is created, it should belong to the client, because in this case the agency cannot say that the software belongs to her. There are also some differences here, because on the agent side the following motivation can be found: the CMS can be customized according to the client, in this case the agent's work is decisive for the final appearance. The site. It remains to be seen to what extent this intervention will have an impact on the scene, and it is also possible for the judge to decide what kind of judgment to give on the matter. I do not think that even in the event of a dispute the agent cannot deny the customer to have a copy of the website made with an open source CMS. In any case, even for this reason, I still want to emphasize the "paper song". Therefore: if the client decides not to use the agency that created the website, the contract for the website will be fully proprietary.
- After all these "encouraging" situations, we have come to an important point: we only consider the customer's website in one way: the website belongs to the customer and, of course, belongs to the customer after the customer has paid in full.
There is no need to waste time talking about these details during the contract phase.
- Anyone who buys a site from us will get something that remains theirs. The first is a handshake, then all in black and white (to avoid misunderstandings), which further demonstrates all this.