Who Owns Your Website's Text, Photos, and Design?

By Bill Stilwell · Last reviewed October 16, 2026

The short answer

Not always. Under United States copyright law, the person who creates a work usually owns it, even if you paid for it, unless a signed written agreement says otherwise. Get ownership or a clear license in writing for every piece of your website, including the text, photos, video, code, and design. Then keep a simple log of who made each piece, who owns it, and where the paperwork is.

What this means

Copyright protects creative work like writing, photos, video, graphics, and software code. The U.S. Copyright Office explains a few rules that matter here:

Employees. Work an employee creates as part of their job is a “work made for hire.” The employer owns it.
Contractors and freelancers. Work you hire an outside person to make is a work made for hire only if it fits one of nine specific categories and there’s a written agreement, signed by both sides, that says it’s a work made for hire. Otherwise, the creator usually owns it.
Transfers. Under the Copyright Act, a transfer of copyright ownership must be in writing and signed by the owner.
Owning a copy isn’t owning the copyright. Having the files doesn’t give you the rights.

That’s why the contract matters. It can transfer ownership to you, or give you a license. A license is permission to use the work in certain ways.

Say a salon pays a photographer for headshots and shop photos. The contract doesn’t mention ownership. The photographer may still own the copyright. The salon can likely use the photos the way they agreed to, but may need permission to use them in a new way, like a print ad.

Your website has several layers, and each can belong to someone different:

Text. Written by you, staff, a copywriter, or a tool.
Images and video. Your own, a photographer’s, or licensed stock.
Code. Custom code, a theme, or plugins with their own licenses.
Design. The layout, logo, and graphics.

Why it matters

You may not be able to take your site with you. If a vendor owns the design or code, leaving can mean starting over.
Copyright claims cost money. Using a photo you don’t have rights to can lead to a demand letter.
Selling the business gets harder. Buyers want proof the business owns its brand and website (see 27.4 Due-Diligence Folder).
Licenses have limits. A stock photo license may cover the website but not ads, or may end.

Who this applies to

Every business that uses anything on its website that the owner didn’t make personally. That’s almost everyone.

How to do it

List every piece of your site. Pages, photos, videos, logo, graphics, theme, plugins, and custom code.
Write down who made each one. You, an employee, a contractor, a vendor, or a stock site.
Find the paperwork. Contracts, invoices, license pages, or emails that say who owns it or what use is allowed.
Fill the gaps. If a contractor made something and there’s no written ownership or license, ask for one. A signed assignment or license now beats a dispute later.
Put ownership in future contracts. Before work starts, the contract should say who owns the finished work, what you get on delivery (like source files), and what the vendor keeps (see 11.2.2 Independent-Contractor Agreement and 6.2.7 Intellectual-Property Ownership).
Check stock and tool licenses. Save a copy of the license terms at the time you got the image. Note any limits, like no print use.
Get permission for people and places. Photos of customers, staff, or customers’ homes need permission (see 11.1.12 Photo Permission).
Keep a content ownership log. Columns: item, where it’s used, who made it, who owns it, license type and limits, and where the proof is stored.
Update the log every time you add new content.

What proof to keep

Contracts with ownership or license terms for every vendor
Signed assignments, if ownership was transferred to you
Stock image and font license pages, saved with the date
Photo and testimonial permissions
The content ownership log

Store these in your legal records folder. They’re part of what a buyer or lender may ask for (see 27.4 Due-Diligence Folder).

Common mistakes

Assuming payment equals ownership. It often doesn’t, for contractors.
Pulling images from a search engine. Images online are usually owned by someone.
Letting the vendor keep the only copy of the files. Ask for the source files and logins as part of delivery.
“Work for hire” language that doesn’t fit. Calling something work for hire in a contract doesn’t always make it one. An attorney may suggest an assignment as well.
Forgetting about themes and plugins. They come with their own licenses. Know what they allow.
No log. Years later, nobody remembers where the photos came from.

When to get help from a pro

An attorney who handles intellectual property: before you sign a website, design, or photography contract, or if you get a copyright demand letter. Ask:

Does this contract give my business ownership, or only a license?
What happens to my site and files if I stop working with this vendor?
Is the license I have broad enough for how I plan to use this content?

Contract rules can also vary by state. Your attorney can tell you what applies where you are.

Bill’s note

[Bill: add a short story or lesson here. For example, a client who couldn’t take their website when they left a past vendor, or how SiteSmarty handles ownership of the sites it builds.]

If you’d rather have this done for you, SiteSmarty builds websites for local businesses and can explain up front who owns what.

How I did this for SiteSmarty

[Date I did this:]
[What I actually did, step by step: how I listed SiteSmarty’s website content and found the ownership proof for each piece]
[What it cost and how long it took:]
[What surprised me or what I’d do differently:]
[Screenshot or photo to add, with private info blurred: the content ownership log]
[Result so far:]

Questions people ask

Do I own my website if I paid someone to build it? Not automatically. It depends on the contract. Without a signed written agreement, the creator often keeps the copyright.

Who owns photos my photographer took for my business? Usually the photographer, unless a signed written agreement transfers ownership. Your contract decides how you can use them.

Is a website a work made for hire? Only if an employee made it as part of their job, or if it fits one of the nine categories and a signed written agreement says so. Ask an attorney about your contract.

Can I use stock photos? Yes, within the license terms. Save the license and follow its limits.

Audit check

Question: Is there written proof of ownership or a license for every piece of the website’s text, images, video, code, and design?
Pass looks like: A content ownership log covering every item. Contracts that state ownership or license terms. Saved stock and font licenses. Photo permissions on file. Source files in the business’s hands.
Fail looks like: No contracts. Images pulled from search results. Vendor keeps the only copy of the files. Nobody knows who owns the logo.
Evidence to collect: The ownership log, vendor contracts, signed assignments, saved licenses, and permissions.

Where this fits

Do this first: 6.2.7 Intellectual-Property Ownership, 13.2.1 Website Hosting

Do this next: 13.4.1 Home Page

Sources

U.S. Copyright Office, "Circular 30: Works Made for Hire" (checked October 16, 2026)
U.S. Copyright Office, "Copyright Law of the United States, Chapter 2: Copyright Ownership and Transfer" (checked October 16, 2026)

This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.