19 October 2016: In the modern, digital economy, many small business owners depend on their website for new business enquiries or sales, some conduct their entire business through their websites and very few do not use a website at all.

With visibility on the internet more important than ever, the website has become an invaluable tool for the majority of the UK’s businesses, regardless of size. However, many business owners are not aware of significant dangers when commissioning the creation of a website by a third party firm.

Intellectual property is a key concern for even the smallest of businesses.

An issue that has landed businesses in hot water in the past is ownership of copyright of their own website. If ownership rights are not dealt with prior to the signing of a commissioning contract, the completed product – whether that be a website or piece of software – will belong to the creator of the work, rather than the business which paid for it! are you aware of this?

I often write content, and blogs for many aesthetic and beauty websites, this is a huge issue of concern, not so much for me, but for the industry collectively that I work within: 9/10 of my clients NEVER ask me about intellectual property, but as an ethical professional, I stipulate property rights in my own agreement, you would be surprised how many clients skim past not bothering to even question this area.

The ideal time to discuss copyright ownership rights, in the process of hiring a web or software developer, writer, or designer, is before any contracts have been agreed. By negotiating this when the developer is looking to win the commission rather than when they have already built up IP value that is legally theirs, you ensure that the outcome is better and there are no hidden costs at the end.

Philip Partington, Senior Solicitor at intellectual property experts says “The internet is changing the way that many of us do business, and in today’s busy marketplaces it would be difficult to compete without embracing the benefits it can bring us”

“While the digital economy has had a democratising effect in many ways, and has broken down barriers to entry, SMEs and owner-managed businesses must be careful that they are taking proper precautions before commissioning websites, software, or content,

“It goes without saying that smaller businesses rarely have the resources to go over contracts with a fine tooth-comb, so they are more commonly caught out by intellectual property pitfalls than traditional corporates.

“My advice to small firms is that correct – or incorrect – use of IP protection can make or break a firm. By properly protecting a website, piece of software or any other piece of intellectual property, you can create valuable assets. However, failing to take the necessary precautions can leave you vulnerable to competitors and the creators of commissioned work.”

As a coach for the aesthetic industry  specialising in marketing, brand building, PR, media, publicity and blogging: intellectual property is a key area of interest for me. I protect myself as much as my clients, and felt that some help in this area was timely, given a recent amount of legal disputes in this area in the industry.

In simple terms, for those of your unclear, and not legally versed: intellectual property rights belong to the person or the entity that created an idea or product.

Be under no illusion that just because you pay for a stock image on an image library such as Shutterstock, that you then own it, the fact is you do not, you have simply paid a hire fee to use it.

The same rule of thumb applies to much of the creative content of a website, from the template design (if it is an original creation) all the way through to the image and actual words (the content).

Be clear on knowing who owns what, and make sure in your negotiations, the priority rests not only on the fee you agree, but on the rights to the website.

Protect your brand, your business, and your hard work.