by admin | Oct 27, 2025 | Blogging, CUSTOMER Journey, Cybercrime, MARKET Research, Online Stores, Web Design & Development, WEBSITES, WordPress, WordPress System Administration
🌐 I Want to Own My Website
Sooner or later, every web design company hears this request. Simple as it sounds, it’s actually complicated. A website is built with many assembled parts, and you may be surprised to learn who legally owns each part.
The following guide explains what you really own — and what you’re really just leasing.
🖥️ Web Server – You Don’t Typically Own This
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The computer running the web server platform that hosts your website.
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Hosting providers or data centers own the server and lease it to you or your vendor.
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You only own a server if you purchase and maintain one yourself (usually cost-prohibitive).
⚙️ Web Server Platform – You Don’t Own This
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The system software running on the server (e.g., LAMP, Windows IIS, Microsoft SQL Server).
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You never own this — it’s licensed software.
📝 Content Management System (CMS) – You Don’t Own This
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Examples: WordPress, Drupal, Shopify.
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Unless you wrote the CMS yourself, you don’t own it.
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CMS software is owned by its creators and licensed to you.
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Custom programming built on top of a CMS may be owned if your contract specifies it.
🗄️ Database Software – You Don’t Own This
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Examples: MySQL, Oracle, Microsoft SQL Server.
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You don’t own the software itself.
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✅ You do own your data stored in the database.
💻 Source Code – You Don’t Typically Own This
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The programmed logic that generates your site’s HTML/CSS/JavaScript.
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By default, the developer owns copyright.
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✅ You own it only if:
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You or your employees wrote it, or
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Your contract specifies “work for hire” or IP assignment upon payment.
🧩 HTML / CSS / JavaScript – You Should Own This
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The building blocks of almost all websites.
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✅ Ownership should transfer to you upon completion and payment.
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Otherwise, it remains licensed unless you authored it.
🎨 Visual Design – You Should Own This
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Layout, graphics, typography, images, and videos that make up the user interface.
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✅ Ownership should transfer to you upon completion and payment.
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Without agreement, the creator retains copyright.
✍️ Text Content – You Own This
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The readable, indexable text on your website.
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✅ You own it if you or your employees authored it.
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If the designer wrote it, ownership must be assigned in writing.
📸 Photography – You Own This… If You Took the Pictures
🌍 Browser – You Don’t Own This
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Examples: Chrome, Safari, Firefox.
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Always owned by the software company.
🔑 Domain Name – You Don’t Own This (Surprised?)
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The memorable URL (e.g., yourcompany.com).
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You don’t legally own it — you lease the right to use it from a registrar.
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From Wikipedia: “Domain name registration… does not confer legal ownership, only an exclusive right of use.”
⚖️ Legal Reality of Website Ownership
You own:
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✅ Your original content (text, images, designs you created).
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✅ The “finished assembled work” (HTML/CSS/JS + design + content) if your contract specifies ownership upon payment.
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✅ Your data in the database.
You don’t own:
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❌ The CMS, server software, or hosting infrastructure.
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❌ The domain name outright (you lease it).
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❌ Any third-party plugins or licensed assets.
Critical point: Ownership of source code and design depends entirely on the contract. Without a clear IP assignment clause, the developer retains copyright, and you only have a license.
📌 Practical Advice
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Always include an IP assignment clause in contracts.
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Ensure the client is the registrant of the domain name.
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Request a handover document listing all licenses (plugins, stock photos, etc.).
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Clarify that the client owns the finished assembled work and has full rights to use, modify, and transfer it.
🏁 Final Thought
The terminology that matters most is the “finished assembled work.” This is the HTML/CSS/JavaScript, visual design, and text content rendered by the browser. With the right contract, you can own this assembled work outright — giving you control, flexibility, and peace of mind.
📋 Website Ownership Checklist
Use this checklist to confirm what you own and what you’re leasing when working with a web designer or developer:
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[ ] Web Server – Usually leased from a hosting provider.
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[ ] Web Server Platform – Licensed software (e.g., LAMP, IIS).
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[ ] CMS (WordPress, Drupal, Shopify) – Licensed; you don’t own it unless you wrote it yourself.
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[ ] Database Software – Licensed; you own the data you put into it.
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[ ] Source Code – Owned by the developer unless your contract specifies “work for hire” or IP assignment.
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[ ] HTML/CSS/JavaScript – Should transfer to you upon completion and payment.
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[ ] Visual Design – Should transfer to you upon completion and payment.
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[ ] Text Content – You own it if you or your employees authored it.
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[ ] Photography – You own it if you took the photos; otherwise, licensed.
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[ ] Domain Name – You lease it from a registrar; ensure you are listed as the registrant.
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[ ] Browser – Always owned by the software company.
⚖️ Legal & Practical Steps
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[ ] Include an IP assignment clause in contracts.
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[ ] Ensure the client is the registrant of the domain name.
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[ ] Request a handover document listing all licenses (plugins, stock photos, etc.).
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[ ] Clarify that the client owns the finished assembled work (HTML/CSS/JS + design + content).
by admin | October 27, 2025 | Blogging, CUSTOMER Journey, Cybercrime, MARKET Research, Online Stores, Web Design & Development, WEBSITES, WordPress, WordPress System Administration | 0 Comments
“I want to own my website” Sooner or later, every web design company needs to address this request. Simple as it sounds, it really is complicated. A website is built with many assembled parts and you may be surprised to learn who legally owns each part.
The following website terminology is a guide of what you really own and what you’re really just leasing.
by admin | April 25, 2025 | Blogging, CUSTOMER Journey, MARKET Research | 0 Comments
If you are an entrepreneur, it’s a fact that you are constantly on the quest to find new ways to grow your business and make connections that will contribute to the growth of your small business.
Networking is one of the oldest tricks in the book – but if done right, it can take you a long way on your journey to establishing successful business relationships.
by admin | April 23, 2025 | Blogging, CUSTOMER Journey, EMAIL Marketing and Tools, Google N.A.P., Google Ranking, MARKET Research, SEO (Search Engine Optimization), Social Media, Web Design & Development | 0 Comments
Marketing is probably one of the most important key factors in growing your business. The modern era offers many avenues to explore when it comes to gaining and retaining clients, all whilst promoting your business and service offering. Social media platforms offer the opportunity to advertise and reach cold audiences, printed collateral allows your target market to get hands-on with your brand, and referrals mean prospective clients hear about you from those they trust.
by admin | April 15, 2025 | Blogging, CUSTOMER Journey, MARKET Research, Social Media | 0 Comments
When a client asks, “Why aren’t we gaining more followers?” or “How do our social channels increase our revenue?” it’s a signal to revisit your social media goals.
Goals are no longer vanity targets like hitting 10,000 followers. They’ve become the foundation for meaningful results and client satisfaction. Whether it’s growing brand awareness, increasing website traffic, or boosting conversions, clear, actionable goals make it easier to prove the value of your agency’s work.
by admin | April 14, 2025 | CUSTOMER Journey, Graphic Design | 0 Comments
To design efficient and memorable logos in 2025, you need a blend of creativity and strategic thinking. As the trends and technologies in graphic design continue to evolve, understanding them is essential to staying ahead of the curve and delivering modern solutions created customary or by logo makers.
by admin | August 16, 2024 | Cybercrime, MARKET Research, Online Stores | 0 Comments
Women’s accessories sold by Shein, Temu and AliExpress contained toxic substances sometimes hundreds of times above acceptable levels, authorities in South Korea found. 144 products from the retailer were tested, and multiple products from all companies failed to meet legal standards. Seoul officials have asked for the products to be removed from sale.
by admin | May 3, 2023 | Cryptocurrency, Cybercrime
What is the legal framework in South Africa for cryptocurrency?
Bitcoin, Litecoin, Ethereum, Monero…what do they all have in common? They are all cryptocurrencies. You’ve probably heard of Bitcoin. Many people think Bitcoin and cryptocurrency are the same thing, but in fact Bitcoin is just one type of cryptocurrency. Cryptocurrency is a digital payment system that works outside of the banking system. It’s a peer-to-peer payment system that allows anyone anywhere to send and receive payments. Cryptocurrency payments are digital entries on an online database. Cryptocurrency is stored in a digital wallet and when you make a cryptocurrency payment, the transaction is recorded in a public ledger. Bitcoin was introduced in 2009 by an anonymous developer and it has since become the most well-known cryptocurrency in the world. It has inspired the development of other cryptocurrencies, such as the ones named above.
As cryptocurrency gains popularity, it becomes harder and harder for countries to keep up from a regulatory perspective, particularly as the digital world knows no territorial or legislative boundaries. Because cryptocurrency operates outside of the traditional banking environment, and is highly encrypted (hence the name), it has become the favourite of cybercriminals. Ransomware attackers demand payment – often millions of dollars – in cryptocurrency. Cryptocurrency has a tainted reputation as a result, but there is nothing inherently illegal or bad about cryptocurrency. Therefore South Africa has fixed its sights on providing legal structuring mechanisms to make the grey areas of cryptocurrency regulation more black and white.
South African Reserve Bank
Recent investigations conducted by the South African Reserve Bank (SARB) have demonstrated how easily cryptocurrency can become decentralised. The investigation highlighted non-compliance with existing regulations, leading to tax evasion, money laundering and terrorist financing activities.
SARB’s solution is to regulate cryptocurrency not as a currency, but rather as a financial asset. Legitimising the industry in this way will enable the asset’s compliance with anti-money laundering legislation and exchange control regulations, among others.
Position paper on crypto assets
On 11 June 2021, the Intergovernmental Fintech Working Group (IFWG) confirmed that crypto assets will be brought into the SA regulatory review. The published position paper on crypto assets provided three pillars of regulation:
- Implementation of an anti-money laundering (AML) and counter-terrorism financing framework
- Framework for monitoring cross-border financial flows
- Application of financial sector laws
Regulatory framework
The regulation of cryptocurrency will follow a phased approach. The first phase began in October 2022. The South Africa Financial Sector Conduct Authority (FSCA) declared that, effective 19 October 2022, crypto assets are considered financial products.
This means that crypto assets are subject to FSCA regulation in terms of section 1(h) of the Financial Advisory and Intermediary Services Act (FAIS) Act. Individuals who provide advice or intermediary services related to crypto assets must be authorised as a financial services provider or as a representative of such a provider.
The Conduct of the Financial Institutions Act (COFI) Bill will now include certain crypto-asset services as a licensing activity and define them as “financial services” in the Financial Sector Regulation Act, 2017. Applications for a licence must be submitted before 30 November 2023.
Along with the latest declaration, an FSCA policy document was released containing explanatory notes, transitional details and plans for a crypto-asset regulatory and licensing framework.
The regulatory framework is continually evolving and the policy document was accompanied by a draft general exemption. Commentary is invited on the exemption, which is intended to help the transition of existing crypto-asset sector players to the new regime.
More regulations are expected which are likely to prohibit collective investment schemes and pension funds from exposure to crypto assets. Derivative instruments or other securities that reference crypto assets as the underlying assets should also be excluded from these long-term savings vehicles.
Taming the wild west
There is a lot of uncertainty regarding cryptocurrency regulation. However, the SARB aims to develop a regulatory framework for crypto exchanges that will allow for cryptocurrency listing. The SARB has confirmed that it will enforce know-your-customer (KYC) requirements and, where applicable, submission of Suspicious Transaction Reports to the FIC.
The cowboys who misuse cryptocurrency for illegal purposes must not be allowed to ruin the market for legitimate users. Cryptocurrency, originally a vehicle for investing, often speculatively, is now becoming an accepted form of payment. The businesses that accept crypto payments are still predominantly in the US, such as Microsoft, Paypal, Starbucks, AMC Theaters, and AT&T. But inevitably take-up of crypto will spread, just as alternative payment methods such as SnapScan and ApplePay have. Cryptocurrency has certain benefits that may make it particularly attractive to the South African environment, where there are still many unbanked people. Crypto is subject to fewer fees; you can make or receive payment wherever there is internet connectivity; and it is available to everyone, i.e. those who do not have access to financial services like banks and loans tend to have internet connections through mobile devices. Anyone with an internet connection can make and receive payments, borrow money, or access financial services wherever they are.
For more information
SD Law is a firm of experienced attorneys based in Cape Town, with offices in Johannesburg and Durban. If you want to know more about cryptocurrency, or need assistance with other digital concerns, including compliance with POPIA, cyberbullying and cybercrime, call Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za.
Further reading:
This entry was posted in Crypto currency, Cybercrime and tagged in Cape Town Lawyer, Johannesburg lawyer.
