Pay for a website, own a website. That’s how most clients assume it works. Copyright law starts with whoever wrote the code, made the design or took the photos. Unless the contract moves those rights to you in writing, paying the invoice may only get you permission to use the site.
We write web design contracts as an agency, and we build sites through our custom WordPress development service, so weigh that. Every fact below about copyright law was checked against the U.S. Copyright Office, the U.S. Code, GOV.UK and the WordPress and GNU license pages in October 2026. This post is general information, not legal advice.
Short answer: In the US and the UK, copyright in a website’s code, design and copy starts with its creator, which is usually the agency or freelancer. Paying doesn’t change that. To own the work, get a written, signed copyright assignment. A “work made for hire” clause alone often isn’t enough in the US, because commissioned work only qualifies in nine named categories. Also get the source files, the accounts in your name and a list of third-party licenses, and settle it before you sign.
What the Law Says About Who Owns a Website
As of October 2026, from the U.S. Copyright Office, Title 17 of the U.S. Code, GOV.UK and WordPress.org:
| Topic | What the source says |
|---|---|
| US first owner | Copyright vests first in the author |
| Owning a copy | Doesn’t give you the copyright |
| Work made for hire | Commissioned work qualifies only in 9 categories, with a signed written agreement |
| Transfer | Must be in writing and signed by the owner |
| Nonexclusive license | Needs no written agreement and isn’t a transfer |
| UK commissioned work | The creator owns it unless you agree otherwise in writing |
| WordPress themes and plugins | WordPress.org treats them as derivative works under the GPL |
Sources: 17 U.S.C. §201, 17 U.S.C. §204, 17 U.S.C. §101, Copyright Office Circular 1, Circular 30, GOV.UK on ownership of copyright works, WordPress.org license.
The Default is Not What You Think
Under US law, copyright vests initially in the author of the work (source). It exists automatically once the work is fixed, and computer programs can be registered as literary works (source). So the developer who writes your theme is, by default, its author.
The main exception is work made for hire, where the hiring party counts as the author and owner (source). For an outside agency or freelancer, the Copyright Office says a commissioned work is made for hire only if it meets all four criteria (source):
- The work falls within one of nine categories in the Copyright Act.
- There is a written agreement between the commissioning party and the creator.
- The agreement expressly says the work is a work made for hire.
- Both parties sign it.
The nine categories are a contribution to a collective work, part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test and an atlas (source). Websites and software aren’t named. Whether your site fits one is a question for a lawyer.
That’s why the safer route is a written assignment. A copyright transfer isn’t valid unless it’s in writing and signed by the owner of the rights (source). Many contracts use both: a work-for-hire clause, plus an assignment in case the work doesn’t qualify.
The UK position
When you commission a copyright work in the UK, the first owner is whoever created it, not you, unless you agree otherwise in writing. A freelancer usually keeps the copyright unless the contract says otherwise. If the contract is silent, a court may find only an implied licence to use the work (source). To transfer copyright, you write and sign a document, sometimes called an assignment (source).
What Agencies Can Do If They Own Your Code
The copyright owner holds the exclusive rights to (source):
- Reproduce the work in copies
- Prepare derivative works based on it
- Distribute copies to the public
- Authorise others to do any of the above
Changing a theme means making a new version of it. So these rights matter most when a new developer needs to copy and change your code. Who holds them if the relationship ends badly is set by the contract.
The Four Ownership Questions That Matter
Who owns the original code? The custom theme, plugin logic and integrations written for your project. You want copyright assigned to you, in a signed document, at a defined point such as final payment.
Who owns the design assets? Wireframes, mockups and brand elements, including the layered source files, not only exported images. Name them in the assignment, and list source files as a deliverable.
What about third-party components? Your site likely uses open-source code, premium plugins, fonts and stock assets. The agency can’t assign what it doesn’t own. It can put licenses in your name and give you a written list of every component and its license.
What happens to your content? Copy, images and videos you created stay yours, because copyright starts with the author (source). Content the agency wrote, shot or illustrated stays with its creator unless it’s assigned to you in writing.
The License vs. Assignment Distinction
Some agency contracts give you a license rather than an assignment. The difference is ownership.
An assignment transfers the copyright to you. In US law, a “transfer of copyright ownership” covers an assignment or an exclusive license, but not a nonexclusive license (source).
A license is permission to use the work while the agency keeps the copyright. A nonexclusive license doesn’t even need a written agreement (source). Depending on its terms, a license can:
- End if you breach a contract term
- Limit your right to modify the work
- Let the agency keep using the work for templates or other clients
Look for language such as “all original work product created under this agreement is assigned to Client upon receipt of final payment.” If you see “license”, ask for an assignment.
Agency-Retained Rights to Watch For
Even with an assignment, a contract can carve rights back.
Portfolio rights. Showing your site in a portfolio is normal. Check whether the clause also covers your logo, figures or testimonials.
Template and component reuse. If the agency builds on its own framework or base theme, it may keep that layer and assign only the custom work on top. Get in writing what is custom and what is licensed.
Training data rights. Check whether the contract mentions using your files or content to train AI tools. If it’s silent and that matters to you, ask for a clause.
What Full Ownership Actually Looks Like
A project that leaves the client owning their site includes:
- A signed copyright assignment, with or without work-for-hire language
- All source files: code repository, design files, asset originals
- Hosting, domain and platform accounts in the client’s name
- License keys and third-party credentials transferred to the client
- A written inventory of third-party components and their licenses
- No dependency on agency-held tools for the site to run
If any of those are missing, ownership is partial. The gaps are where the leverage lives.
When we build through our custom WordPress development service, the handover is meant to include the code repository, credentials and a license inventory. Your signed contract is what counts, so read it closely, ours included.
Negotiating IP Clauses Before You Sign
Settle IP terms before signing, not mid-project. Specifically:
- Replace license language with a signed assignment
- List all source files as a deliverable
- Put all accounts in your name from the start
- Exclude business information from portfolio use without your written consent
- If the agency uses an internal framework, get in writing what is assigned and what is licensed
If an agency resists assignment, ask why. “Our framework is proprietary, so we license that part” is an answer you can work with. “That’s just how our contracts work” tells you less.
For an outside look at your current site first, Honest, our own paid audit tool, takes a URL. Its WooCommerce and Shopify audits cover theme, plugin and app bloat.
What to Do If You Already Have a Contract Without Clear IP Terms
- Review what you signed. Search for “work made for hire”, “assignment”, “license” and “intellectual property”.
- Ask for a written assignment. A transfer has to be signed by the owner (source), so a friendly email may not be enough.
- Raise it at the next renewal. New work is a natural moment to settle ownership of the existing site.
- Have a lawyer review the contract, especially before you change developers.
Planning a new build? Talk to us about ownership terms before anything else is agreed.
Related Posts
- Website ownership explained: domain, hosting, code and content
- How to read a web design contract: clauses to check before signing
- Website handoff guide: what to receive at project end
- How to transition between web agencies: moving without losing ground
Frequently Asked Questions
If I own the domain, do I own the website?
No. The domain, the hosting account and the copyright in the code are separate things. You can own the domain while it points to code that belongs to someone else.
What about open-source code, do I own that?
No. Open-source code is owned by its authors and offered under a license. The GNU GPL describes this as two steps: copyright the software, then offer a license (source). You can own the original work built on top.
Can I copyright my website’s design?
Original layouts, illustrations and graphics can be protected, but copyright doesn’t cover ideas, familiar symbols or designs, or variations of lettering or colouring (source). If a designer made them under contract, get the assignment in writing.
What if the agency goes out of business? Do I automatically get the IP?
No. Copyright is property that can be transferred, including by operation of law (source), so it may pass to whoever takes over the agency’s assets. A signed assignment and the source files in your hands protect you.
Does open-source WordPress mean I automatically own everything on a WordPress site?
No. WordPress is released under the GPLv2 or later, and WordPress.org’s view is that themes and plugins inherit the GPL (source). The GPL is a license, not a transfer of copyright. Get the copyright in a custom theme assigned to you in writing.
Do I need to register the copyright in my website?
Not to have copyright. In the US it exists automatically, but registration, or a refusal, is needed before suing to enforce it for a US work (source). The UK has no copyright register (source).