Website Copyright Ownership – What to Watch Out For in Your Contract

You commission a website, pay the invoice, and assume everything is yours. Unfortunately, in the world of IT services, the legal reality can be brutal. Without the right clauses in your contract, you may discover — years into running your business — that you have no legal right to your own source code.

Economic Copyright vs. a Licence

This is the fundamental distinction that many business owners overlook. Under EU and international copyright law, the creator of a work holds copyright automatically from the moment of creation. If your contract with an agency only grants you a licence to use the website, the agency technically remains the copyright owner of the project. You can use it, but you cannot, for example, sell it along with your company without the agency's permission.

Every business should aim for a full assignment of economic copyright. Only then do you become the outright owner of all elements of the website: graphics, copy, and code alike.

Source Code – Your Most Valuable Asset

Many developers — especially those building on proprietary CMS engines — refuse to hand over the source code. They claim it is their "trade secret." In practice, this means you are tied to them indefinitely. If you ever want to move your site to another developer, you will not be able to, because you do not have the source files.

At Stroonka.pl we operate a policy of full transparency. Source code is handed over to the client together with the copyright transfer. It is your business, your asset, and your security.

The "Website Rental" Trap (SaaS)

When using website builders such as Wix or Shopify, you must be aware that you will never own that website. You are paying for access to a service. If the platform goes bankrupt or dramatically raises its prices, you have nowhere to go — you cannot take your work with you. Websites built "to own" (as in the Stroonka.pl model) are immune to such disruptions.

What a Safe Contract Must Include

An explicit copyright assignment clause: "The Contractor assigns to the Client all economic copyright in the work…" — vague wording is not enough.
All fields of exploitation covered: The right to reproduce, modify, publish online, sublicense, and so on — each must be listed or covered by a broad general clause.
The moment of transfer stated clearly: The safest approach for both parties is to tie the transfer to payment of the final invoice.
Obligation to deliver source code: The contractor must hand over all files necessary to run and edit the website, including any build tools or CMS configurations.

Running a business means taking responsibility. Do not let the foundation of your online presence be built on the shifting sands of ambiguous contracts. Choose providers who respect your ownership as much as you do.

GDPR and Data Considerations

Copyright ownership also intersects with data protection under the GDPR. If your website collects personal data — contact form submissions, analytics, newsletter sign-ups — you are the data controller. A contractor who retains copyright or administrative access to your site could, in theory, access that data without your knowledge. Ensuring full ownership and handover of credentials is not just a commercial matter; it is a compliance one too.

Practical Checklist Before You Sign

Does the contract explicitly say "assignment of copyright" rather than "licence"?
Does it list the fields of exploitation (reproduction, online publication, modification)?
Is there a clause requiring the contractor to deliver all source files?
Is the moment of copyright transfer tied to final payment — not to some future undefined event?
Will you receive admin access and login credentials for all third-party services used on the site?

If the answer to any of these is "no" or "not stated," ask for the contract to be amended before you sign. A reputable provider will have no problem with this. One that pushes back should raise a red flag.