( Guide )
Who Owns Your Website? Domain, Code, Hosting and Content, Explained
Who legally owns a website after a designer builds it — the four things ownership actually means, what US copyright law says by default, the contract clause that changes it, and how to check what you own today.
( The Short Answer )
Under US copyright law the person who builds a website owns it unless the contract assigns it to you in writing — final payment alone transfers nothing. Ownership is really four things: the domain (registered in whose account?), the hosting (whose login?), the code and design (assigned or merely licensed?), and the content (yours from the start). Check all four before signing; how to choose a company covers the questions that surface this early.
The most common surprise in this business happens about a year after launch, when someone tries to leave their web designer and discovers they can't take the site with them. The domain is in the designer's account. The hosting login is the designer's. The code was never theirs. And the contract — if there was one — said nothing about any of it.
None of that is a scam, usually. It is the default. This is what the default actually is, and how to change it.
What the law says when the contract says nothing
Under US copyright law, whoever creates a work owns the copyright in it automatically. A website's code, design and any custom graphics are creative works. So the designer or agency that built them owns them — unless one of two things is true: the work qualifies as work made for hire, or the creator assigns the copyright to you in writing.
Paying the invoice does neither. "Final payment made" is not an assignment. "You own it" said on a call is not an assignment. An email saying "it's all yours" is closer, but a court would want it signed and specific. The only reliable version is a clause in the contract.
Ownership is four separate things
"Do I own my website?" is really four questions, and it is common to own two of them and not the other two.
| Asset | What it is | Default owner | How to fix it |
|---|---|---|---|
| Domain | The name — americanwebguild.com | Whoever's registrar account it sits in | Register it yourself, or have it transferred to your account |
| Hosting | The server and its login | Whoever's account it sits in | Your account, your card, designer added as a user |
| Code + design | The files and the visual work | The designer, under copyright | Written assignment clause |
| Content | Your words, photos, logo | You, from the start | Nothing — but keep your own copies |
The domain trap
A designer who registers your domain under their own account can — sometimes without meaning to — hold your site hostage, let it lapse, or make leaving them a negotiation. A domain is like a phone number: you have a contract with the registrar, and that contract is in someone's name. Make it yours. It costs $12–$25 a year and it is the one thing you should never delegate.
The hosting trap
Same shape. If hosting is billed to the designer and resold to you, your site lives in their account. Leaving means migrating, and migrating means their cooperation. Open the hosting account yourself, put your card on it, and add the designer as a user. If they insist on hosting it themselves, ask what happens to the site when you stop paying them.
The code question — and why builders are different
For a custom build, ownership is settled by the assignment clause above. For a builder — Wix, Squarespace, Shopify — there is nothing to assign: you are renting the platform, and cancelling the subscription deletes the site. You can export the content. You cannot export the site. That is not a flaw; it is the deal. Just know which deal you are in. The Wix versus custom comparison goes into what that costs over three years.
Content is yours, but keep it
Your copy, your photos, your logo — you owned those before the site existed. The risk is practical, not legal: if the only copy lives inside a site you can't log into, ownership is theoretical. Keep your own folder.
How to check what you own right now
- Look up your domain at a WHOIS service. If the registrant is your designer, ask for a transfer to your own registrar account this week.
- Find the hosting login. If you don't have one, you don't have the hosting.
- Read your contract for the word "assign". If it isn't there, ask for a short signed assignment now — most reasonable designers will provide one.
- Confirm you have the source files — not just a live site. For WordPress that means a full backup; for a custom build, the repository.
What we do
Everything transfers to you at launch — code, domain, hosting account, content — in writing, in the contract. We don't hold anything, and you can leave whenever you like and the site keeps working. It is one of the fifteen questions we would want asked of us, and it is answered on the pricing page before anyone books a call.
Frequently asked questions
- Does my web designer own my website?
- By default, yes — under US copyright law the creator of the code and design owns it unless the contract assigns it to you in writing or defines the work as made for hire. Paying the invoice does not transfer ownership on its own. Check your contract for an assignment clause.
- Who owns the domain name — me or my web designer?
- Whoever's registrar account it is registered in. If your designer registered it under their account, they control it, regardless of who paid. Ask for it to be transferred to a registrar account in your own name.
- Do I own my Wix or Squarespace website?
- No. Builder sites are rented from the platform: you own your content and can export it, but the site itself cannot be exported and disappears when the subscription ends. That is the trade-off for the low upfront cost.
- What should a website ownership clause say?
- That on final payment, all right, title and interest in the website — source code, design files, visual assets, database and content — is assigned to you. It should also state which party holds the domain and hosting accounts.
- Can I get ownership of my website after it's built?
- Usually, yes. Ask the designer for a short signed copyright assignment, transfer the domain to your own registrar account, and get the hosting moved to an account in your name. Most reasonable designers will agree; if one refuses, that tells you something about the relationship.
