Who owns what? Don't get taken by your suppliers

Not all graphic designers and website programmers are created equal. And in this case, it isn't a talent thing although in that category it is beyond true that not all are equal. In this instance, the inequality is based on honesty and a knowledge of intellectual property and marketing law.

In Canada, intellectual property law and marketing law are both built to protect the creative folks and their clients. It is very clearly stated that creative work continues to be owned by its creator until it has been paid for, in full, by the person who contracted the work. At that time, the work becomes the property of the client.

The exception here is when there is a signed contract that stipulates that the work remains in the ownership of the creator. Notice I said 'a signed contract', not a verbal agreement, not a terms and conditions that appear after the project is completed.

Too many small business clients discover that, in the end, their creative designers and programmers hold them over a barrel saying that the work remains in the ownership of the creator and additional fees will be charged for the client to obtain possession of the work.

An example happened recently to my newest client. Their website had been created by a local firm and the client understood that, other than proprietary software used in the creation of the website, they owned all the work and images (having paid substantially for them). In the Terms and Conditions at the base of the website pages, it clearly stated that all work remains in the ownership of the programming company.

Well, big surprise, just because you say it, doesn't make it so. However the challenge is that my new clients would have to spend money in the legal system to rectify the situation. One hopes that a reasonable conversation with the programmer will fix the issue, but you just never know.

Credible creative folks are aware of their rights and yours as small business owners contracting them to develop work. Don't sign a contract without reading it (and that shouldn't even need to be said). Ask the question out loud about who owns what once it's paid for. If there's any weebly-wobbling about the answer, find someone else to do the work.

Oh, and the mysterious proprietary software used on my new client's website? Flash. Don't get bamboozled. Understand what's being built and how.

It's your responsibility to protect yourself and your business. Make sure you do.