Ownership · Guide
Who owns your website or software when someone builds it for you?
In short
- In Australia, copyright in code usually belongs to whoever wrote it. For a contractor or agency, that is usually them, not you. Paying the invoice does not move it.
- A written assignment, or a clear licence, is what gives you rights. Without one, you may own a website that works and nothing that proves it is yours.
- Seven things decide real ownership: the code, the hosting account, the domain, your data, the connected accounts, the content and design assets, and the documentation.
- The test is simple. If the builder disappeared on Monday, could someone else keep it running, move it and read your data?
- An afternoon audit and a short list of contract clauses will close most gaps. This is general information, not legal advice.
The short answer
In Australia, the person who creates a work usually owns the copyright in it, and that includes software code. If you hire a contractor, freelancer or agency to build your website or software, they will usually own the code unless a written agreement assigns it to you. Paying the invoice does not transfer ownership on its own. If the builder is your employee, the position is different: copyright in code written by an employee as part of the job usually belongs to the employer.
That is the default rule. Contracts change it, which is why the contract matters more than the handshake. None of this is legal advice, and a lawyer should look at anything that matters. The point of this guide is to help you know what to ask for and how to check what you already have.
What owning your website or software really means
Most owners think of ownership as one thing. It is at least seven. A website that loads is not the same as a website you own. The test of ownership is not whether it works today. It is whether you could keep it going, move it or change it without anyone's permission.
A common story goes like this. A business pays for a site, the site launches, and everyone is happy. Two years later the builder moves on, or raises their price, or stops replying. The business discovers that the domain is registered in the builder's name, the hosting is on the builder's account, and the analytics sit in the builder's login. The site works. Nothing proves it is theirs.
The seven things to own
Use this table as a checklist. For each row, you want to be able to say yes.
| What | Owning it looks like | The question to ask | A warning sign |
|---|---|---|---|
| The code | Rights in the source code are assigned to you, or licensed to you permanently and exclusively | Is the code assigned to us on payment, in writing? | "You have access to it" with no assignment or licence |
| The hosting account | The account is in your business name, you are the owner and the builder is an invited user | Whose name is on the hosting account? | The builder's account hosts it and you pay them for "hosting" |
| The domain name | You are the registrant, with your own login and contact email | Who is the registrant of our domain? | The builder registered it "for convenience" |
| Your data | You can export every record and read it without help | Can we export all of our data, in a readable format, at any time? | Data only available through their dashboard |
| Connected accounts | Payments, email, analytics, maps and forms are in your name | List every account the system uses and whose name each is in | Shared logins, or the builder's own accounts |
| Content and design | You hold or are licensed to use the words, photos, logos and fonts | Where did every image and font come from, and is it licensed to us? | Stock images and fonts used without licences |
| Documentation | A plain description of how it runs, and where the keys are kept | Will we receive written documentation and a list of credentials? | "It is all in my head" |
Assignment or licence: which one do you need?
An assignment transfers ownership of the copyright from the builder to you. After it is signed, you own it and can change it, move it or hand it to someone else. A licence is permission to use something the builder still owns. A licence can be fine, as long as it is permanent, covers what you actually need to do, and lets you pass the work to another builder. A licence that can be withdrawn, or that stops when you stop paying, is not ownership.
If you ask for an assignment, say when it takes effect. The usual choice is on final payment, and sometimes at agreed milestones. Ask for it to cover everything made for you: code, design, copy, images and documentation. A signed assignment in writing is what a lawyer will look for if there is ever a dispute.
Parts nobody built from scratch
Almost every website and piece of software contains parts the builder did not write: open source libraries, themes, plugins, templates, stock images and fonts. These carry their own licences, and those licences travel with the work. Most are fine for commercial use. Some have conditions, such as crediting the author or sharing changes, and some need a paid licence that must stay in force.
Ask for a list of the third party parts and their licences. It should be short and plain. Also ask about any platform the site depends on. If the site is built inside a hosted tool, you may own your content and still not own the thing that runs it. That is acceptable if you know it and it is priced accordingly, and it is not acceptable if you find out when you try to leave.
If AI was involved in the build
More software is now built with AI tools, and more businesses are being sold automations and assistants. The same questions apply, with a few additions.
- Whose accounts run it? If an assistant or automation runs on the builder's account with an AI provider, you have a service, not an asset.
- What do the provider's terms say? Check who owns the outputs and whether your business data is used to improve the provider's models. This varies between providers and between plans.
- Who holds the prompts, settings and workflows? These are the instructions that make the thing do its job. They should be in your hands and documented.
- What happens to your data? Know where it is stored, who can see it and how it is deleted.
The law on copyright in AI generated material is still developing. If it matters to your business, ask a lawyer and ask for the position to be addressed in writing, rather than assuming either way.
The Monday morning test
Imagine the person who built it is unreachable from Monday. Three questions tell you where you stand.
- Could someone else keep it running? That needs the code, the accounts and the documentation.
- Could you move it to another provider? That needs the hosting, the domain and the data.
- Could you read and export everything? That needs your data, in a format you can open.
If the answer to any of these is no, you do not fully own it yet. That is fixable, and far easier to fix while everyone is friendly.
A one afternoon ownership audit
- List every account the website or system uses, and write the name each is registered in.
- Look up your domain and check who the registrant is.
- Ask for a copy of the code and confirm you can open it.
- Ask for an export of your data and open it.
- Ask for the documentation and read the first page.
- Find the contract and look for the words "assign", "licence" and "intellectual property".
- Write down every gap and ask for each to be closed in writing.
What to put in the contract
- That the builder assigns to you all intellectual property in the work made for you, on payment.
- That accounts, domains and hosting will be set up in your business name.
- That all materials will be handed over on request, without conditions.
- A list of third party components and their licences.
- That the builder will help with a handover if you leave, and on what terms.
- Who looks after the system after launch, and what that costs.
- That your data is yours, can be exported at any time and is deleted when you ask.
If you are already stuck
Start by asking politely and in writing for the list of accounts, the code and an export of your data. Most builders will agree, because most gaps come from habit rather than bad intent. If they will not, do not cancel anything yet, because cancelling can lock you out. Keep copies of everything you can reach, and speak to a lawyer who handles intellectual property or technology contracts before you escalate. Then plan a clean move: a copy, a test, and only then a switch.
How we handle it
We build so that the client owns the code, the data, the accounts and the documentation, with accounts opened in the client's name from the start. Handover is a package, not a favour, and the client can leave whenever they like and take everything. That is our position because it answers the fear that matters most to owners: being sold something they cannot keep.
Frequently asked questions
Does paying the invoice mean I own my website?
Not by itself. In Australia the creator of code usually owns the copyright, so a contractor or agency typically owns what they wrote unless a written agreement assigns it to you. Payment is the usual trigger for an assignment, but the assignment still has to exist.
Who owns my domain name?
The registrant, the person or business named on the registration. It should be your business. If the builder registered it in their own name, ask for it to be transferred to you and for your email to be the contact.
Can a developer hold my website hostage?
They can make it hard if the domain, hosting or code are in their name or under their control. The practical protection is to hold those yourself from the start, and to keep a current copy of the code and your data.
Is a licence enough, or do I need an assignment?
A permanent, exclusive licence that lets you change the work and pass it to another builder can be enough. A licence that can be withdrawn or that ends when you stop paying is not. An assignment is cleaner. Ask a lawyer which fits your situation.
Do I own the words and photos I supplied?
Generally you own what you wrote or paid to have created for you under a clear agreement, and you should check the licences on anything the builder sourced for you, such as stock images and fonts.
What if the developer disappears?
You need the code, the accounts and the documentation held somewhere you control. If you do not have them, start by finding the contract and the account details, then speak to a lawyer about your options.
Does this apply to AI tools and automations built for me?
Yes. Ask whose accounts they run on, who holds the prompts and workflows, what the provider's terms say about your data, and what you could take with you if you left.
References
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