Signature checklist

Who Owns Your Website? A Small-Business Checklist

Check who controls your domain, accounts, content, and customer data, and what you would need to change providers without disruption.

The bottom line

Keep the domain and the core business accounts in the business's own name, give providers access they can be given and taken away again, and put the ownership of custom work in writing. What can be moved to another provider varies by platform and has to be checked rather than assumed.

Keep direct control of
The domain, the platform or hosting account, business email, analytics and Search Console, and the records of your customers and orders.
Give providers
Named accounts at the access level the work needs, which you can revoke without changing a password everybody shares.
Get in writing
Who owns the copy, photography and design, which pre-existing or licensed materials are involved, and what happens to each account when the relationship ends.

Please note: This is editorial guidance for a general audience, not legal advice, and not a statement about any particular contract or provider.

Evidence: Editorial assessment Last verified

A business pays the monthly bill and can edit the text on its own homepage, so it assumes it owns the website. Then it tries to change providers and finds that the agency holds the registrar account, the only owner-level analytics login, and the mailbox that every password reset goes to. Nothing was stolen. Nobody lied. The question of who controlled what simply never came up, and being able to log in turned out not to be the same as being able to leave.

"Who owns the website?" is too broad to answer yes or no. This page separates it into nine things a business can hold or fail to hold, and gives you a way to check each one.

Four different things people mean by "ownership"

These overlap, and a business can have one without the others. Each of the nine checks below tests one or more of them.

Legal ownership
Who holds the rights in something, such as the copyright in custom copy or photographs. A photographer can own the images on your site unless the rights were transferred in writing.
Account control
Who can sign in with owner or administrator rights, pay the bill, and recover the account if a password is lost. You may be able to edit every page and still not be able to add or remove a user.
Licence to use
Permission to use something you do not own, usually with conditions attached. A premium theme, a font or a stock photograph is typically licensed, and the licence can end.
Technical portability
Whether the site or its records can actually be moved somewhere else. Pages may export as text while the design, the integrations and the booking history do not come with them.

Four of the nine checks are about accounts, which are a matter of fact: either your name is on them or it is not. This one is about rights, and it is the part most often assumed rather than agreed.

Holding a copy is not holding the copyright. Ownership of a copyright is distinct from ownership of the material object the work is embodied in, and transferring the object does not by itself convey any rights in the work. Having the files, or having the pages live on your site, says nothing on its own about who holds the rights in them.

Copyright ordinarily begins with the author or authors of the work. A work made for hire is an important exception: when the legal requirements are met, the employer or commissioning party is treated as the author and copyright owner. For work created by an independent designer, writer or photographer outside that exception, the creator ordinarily begins as the author and owner of the copyright in the material they created. Whether someone is legally an employee turns on the facts of the working relationship, not on the label either party puts on it.

Paying for work does not by itself transfer copyright ownership. A transfer of copyright ownership generally must be documented in a writing signed by the owner of the rights being conveyed or that owner's authorized agent. A paid invoice is not that document.

"Work made for hire" is a narrow rule, not a phrase that can simply be added to a contract. It applies in two situations. The first is a work prepared by an employee within the scope of their employment. The second is a work specially ordered or commissioned, which qualifies only if all four of these are true: the work falls within one of nine categories listed in the statute, there is a written agreement between the commissioning party and the people who actually created the work, that agreement expressly says the work is to be considered a work made for hire, and every party has signed it. The Copyright Office is explicit that a work failing any one of those requirements is not a work made for hire.

The nine categories are: a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, and an atlas. The statutory list does not name "a website" as a category. But a website project can contain different deliverables, and whether a particular deliverable qualifies as a compilation, an audiovisual work, a contribution to a collective work, a supplementary work or another listed category requires a fact-specific legal analysis. The Copyright Office states that it cannot advise on whether a given work qualifies.

Licences and ownership are not the same. An exclusive licence can itself qualify as a transfer of copyright ownership; a nonexclusive licence does not. So a business may hold permission to use material without owning the copyright in it -- and the scope, duration, exclusivity, transferability and termination of that permission all depend on the licence's own terms and on applicable law. The difference matters when you want to redesign, resell or take the work with you, which is why the agreement should say which of these you are getting.

Some project materials may be governed by third-party licences rather than transferred to the business. Themes, fonts, plugins, stock media, open-source components and other pre-existing materials can have different licensees, permitted uses, transfer rules and continuing conditions. Check the actual licence and identify whose account holds it. An agreement that says "you own everything" without listing what everything includes has not addressed this.

What a well-drafted agreement does instead is identify which materials pre-existed the project, which are third-party or licensed, which were made for it, and whether the rights in that custom work are being assigned or licensed, on what conditions, and with what restrictions afterwards.

The nine-part check

Work through each area with your accounts open in another window. Record what you actually find rather than what you expect to find, and print the page if you want to keep a record. Nothing you select here is sent anywhere.

Website Ownership Check

Work through the nine areas and record where your business stands. Nothing you select is sent anywhere, and the summary updates as you go.

  1. Area 01. Domain registration

    What to verify

    • Which registrar holds the domain.
    • Whether the business name, rather than an individual's or a provider's, is the registered organisation.
    • Whether the business controls the account login and its recovery method.
    • Whether the business can see renewal dates and billing.
    • Whether the business could unlock the domain and obtain the authorisation code when eligible.
    • Whether a provider has delegated access rather than the account password.

    Why it matters

    The domain is the one asset every other part of the website and the business email depends on.

    What counts as proof

    A login the business controls, with recovery going to an address the business controls, and the business named as the registered organisation.

    Warning sign

    Warning sign: Nobody at the business can say which company the domain is registered with.

    Next step

    Record the registrar, confirm recovery, and ask in writing for owner-level access.

    Evidence: Official source

    Where your business stands on Domain registration
  2. Area 02. DNS control

    What to verify

    • Who can change nameservers and individual records.
    • Whether a change requires the current provider to act.
    • Whether recovery and multi-factor authentication are under business control.
    • An inventory of the records serving the website, email, verification and third-party services.
    • Whether any written agreement says who may change nameserver records.

    Why it matters

    Domain registration and DNS hosting can sit with different companies, so controlling one does not imply controlling the other.

    What counts as proof

    The business can view the current records and knows who is able to change them.

    Warning sign

    Warning sign: Record changes can only be requested, never made or reviewed.

    Next step

    Inventory the records before changing anything, because email usually depends on them.

    Evidence: Editorial assessment

    Where your business stands on DNS control
  3. Area 03. Website platform or hosting account

    What to verify

    • Who holds the owner or primary-owner role, as that platform defines it.
    • Whether the business has administrator access in its own name.
    • Who controls billing.
    • Whether the provider works through a collaborator or limited account.
    • Recovery address and multi-factor authentication.
    • For a self-hosted site: host, control panel, application, database, storage and backup access.

    Why it matters

    Being able to log in and edit text is not the same as holding the role that can grant, revoke or transfer access, and an administrator role inside the website software is not access to the host, the registrar or the database.

    What counts as proof

    The business appears as the account owner in the platform's own account screen.

    Warning sign

    Warning sign: One shared login is used by the business and the provider.

    Next step

    Ask which role each party holds, and request owner-level access in the business's name.

    Evidence: Official source

    Where your business stands on Website platform or hosting account
  4. Area 04. Website files and portability

    What to verify

    • Which of three outcomes applies: a full deployable copy, a partial content export, or a transfer that only works within the same platform.
    • What an export actually contains, and in what format.
    • What would have to be rebuilt elsewhere.

    Why it matters

    Exporting content is not necessarily the same as exporting the design, integrations, account history, or a ready-to-run website.

    What counts as proof

    An export performed and opened, not an export button observed.

    Warning sign

    Warning sign: "You can export everything" with no description of the format.

    Next step

    Run the export and look at what came out before relying on it.

    Evidence: Official source

    Where your business stands on Website files and portability
  5. Area 05. Business email

    What to verify

    • Whether the business controls the email administrator account.
    • Whether the DNS records email depends on are accessible.
    • An inventory of users and aliases.
    • Whether recovery depends on the departing provider.
    • What happens to stored mail if the service is cancelled.

    Why it matters

    Email continuity usually depends on DNS records that a website change can disturb.

    What counts as proof

    Administrator access in the business's name, with recovery under its control.

    Warning sign

    Warning sign: Business email exists only inside a provider-owned account.

    Next step

    Confirm administrator access before any DNS or hosting change is scheduled.

    Evidence: Editorial assessment

    Where your business stands on Business email
  6. Area 07. Copy, photography, graphics and design

    What to verify

    • Which materials were created for this project and which pre-existed it.
    • Which materials are third-party, stock, open-source or licensed rather than owned.
    • Whether the written agreement assigns rights or grants a licence, and on what payment conditions.
    • Whether the agreement is signed by the party giving up the rights.
    • Whether source and design files are included.
    • Whether any continuing restriction applies.

    Why it matters

    Paying for a project, possessing its files, and owning or licensing the rights in its different materials are separate questions. Custom work and pre-existing or third-party materials may be governed by different terms.

    What counts as proof

    A written agreement that identifies the relevant materials and states whether the business receives ownership, an exclusive licence, a nonexclusive licence, or another defined permission, including any payment conditions or continuing restrictions.

    Warning sign

    Warning sign: "You own everything" with no list of what "everything" includes.

    Next step

    Identify the materials, then put the ownership and licensing questions to a lawyer where the project warrants it.

    Evidence: Official source

    This describes general U.S. copyright rules and is educational information, not legal advice. Whether any of it applies to a particular website, contract or working relationship is a question for a lawyer.

    Where your business stands on Copy, photography, graphics and design
  7. Area 08. Customer and operational data

    What to verify

    • Leads and form submissions.
    • Appointment and booking records.
    • Customer profiles, orders and products.
    • Mailing lists and the consent records behind them.
    • Where payment-related data lives and what may not be exported.

    Why it matters

    Operational records are the part of a website a business cannot rebuild from memory, and export coverage differs by record type even inside one platform.

    What counts as proof

    An export of each record type, opened and checked for completeness.

    Warning sign

    Warning sign: Enquiries arrive only as forwarded email and exist nowhere else.

    Next step

    Export each record type now, before any provider change is discussed.

    Evidence: Official source

    Where your business stands on Customer and operational data
  8. Area 09. Cancellation, export and handoff

    What to verify

    • What the notice period and renewal terms say.
    • What stops working on the day service ends.
    • Whether the agreement says how domains and accounts transfer, and on what conditions.
    • Whether an export is offered at all, in what format, and by when.
    • Whether credential handoff and removal of the provider's own access are addressed.
    • Whether post-termination assistance is available, and what it costs.

    Why it matters

    The terms that matter most may become important only when the relationship is ending. What is available then depends on the agreement, the platform's terms, and applicable law -- not simply on what either party considers reasonable.

    What counts as proof

    A written agreement that clearly addresses each applicable point, together with the relevant platform terms and account records.

    Warning sign

    Warning sign: There is no written agreement, or it is silent on what happens at the end.

    Next step

    Ask for the exit terms in writing before signing, not after.

    Evidence: Editorial assessment

    This is a list of terms to identify and discuss before you sign, not a statement of what your business is entitled to. Nothing here is an opinion on whether any particular agreement is fair, reasonable or enforceable. Whether a provider must offer an export, transfer, continued access, or post-termination assistance depends on the agreement, the platform's terms, and applicable law. Where the answer matters, ask a lawyer.

    Where your business stands on Cancellation, export and handoff

No areas recorded yet. Your summary will appear here as you answer.

What to do if access is missing

Finding a gap is not an emergency, and it is usually not evidence of bad faith. Work through it in this order.

  1. Take stock of the facts without confrontation. You are establishing what is true, not building a case.
  2. Save what you already have: current bills, the agreement, any credentials you are entitled to, screenshots of account screens, and the messages where arrangements were made.
  3. Ask, in writing, for the owner or administrator access that is appropriate for your business, and for written clarification of anything the agreement leaves open.
  4. Do not make disruptive changes until you understand what depends on them. Email, account verification and payment integrations often depend on the same records a website change would touch.
  5. Get technical or legal help where control is genuinely disputed, or where your operations are at risk while it is unresolved.

Caution: Do not change nameservers or DNS records until you know what depends on them. Business email usually does, and mail that stops arriving is harder to notice than a website that stops loading.

One thing this page will not tell you to do: do not try to access an account by guessing, resetting, or using credentials or recovery methods you are not authorized to use. Doing so can create security, operational, and legal problems and make a resolvable disagreement harder to resolve.

Sources

  1. Copyright Law of the United States, Chapter 2 -- Copyright Ownership and Transfer (17 U.S.C. sections 201-205) (opens U.S. Copyright Office (Circular 92) in the same tab) U.S. Copyright Office (Circular 92) Supports: Copyright vests initially in the author; ownership of a copyright is distinct from ownership of the material object the work is embodied in, and transferring that object does not of itself convey any rights in the work (section 202); and a transfer of copyright ownership is not valid unless it is in writing and signed by the owner of the rights conveyed or that owner's authorized agent. Evidence: Official source Accessed
  2. Works Made for Hire (Circular 30) (opens U.S. Copyright Office in the same tab) U.S. Copyright Office Supports: Work made for hire arises in two situations only -- an employee within the scope of employment, or a specially ordered or commissioned work meeting all four statutory conditions -- and the Copyright Office cannot advise whether a given work qualifies. Evidence: Official source Accessed
  3. Copyright Law of the United States, Chapter 1 -- Subject Matter and Scope of Copyright (17 U.S.C. sections 101-122) (opens U.S. Copyright Office (Circular 92) in the same tab) U.S. Copyright Office (Circular 92) Supports: Section 101 defines a "transfer of copyright ownership" to include an assignment or an exclusive licence while expressly excluding a nonexclusive licence, and defines the two situations in which a work is made for hire. Evidence: Official source Accessed
  4. Recordation of Transfers and Other Documents (Circular 12) (opens U.S. Copyright Office in the same tab) U.S. Copyright Office Supports: Explanatory restatement of the section 204(a) signed-writing requirement and of the section 101 definition of a transfer of copyright ownership. Recordation-procedure portions are superseded and are not relied on. Evidence: Official source Accessed
  5. What Is Copyright? (opens U.S. Copyright Office in the same tab) U.S. Copyright Office Supports: Creating and fixing an original work makes you its author and owner, and copyright protects expression rather than ideas. Evidence: Official source Accessed
  6. Transfer Policy (opens ICANN in the same tab) ICANN Supports: A registrar must supply the authorisation code, and remove the transfer lock, within five calendar days of the registrant's request where the registrant cannot do it themselves; transfers may be denied within 60 days of creation or of a previous transfer. Evidence: Official source Accessed
  7. Information for Domain Name Registrants (opens ICANN in the same tab) ICANN Supports: The registrant is the individual or entity who registers the domain and manages its settings through the registrar. Evidence: Official source Accessed
  8. Good Practices for the Registration and Administration of Domain Name Portfolios (Part II) (opens ICANN in the same tab) ICANN Supports: ICANN guidance to put the company's legal name in the Registrant Organization field, and to assign in the contract the authority to transfer, renew, change nameserver records and change contact data. Evidence: Official source Accessed
  9. Managing owners, users, and permissions (opens Google Search Console Help in the same tab) Google Search Console Help Supports: Search Console distinguishes Owner from Full user, and a property must have at least one verified owner or nobody has access. Evidence: Official source Accessed
  10. Add, edit, and delete users and user groups (opens Google Analytics Help in the same tab) Google Analytics Help Supports: Managing Analytics users requires the Administrator role, and users are named by their own Google Account. Evidence: Official source Accessed
  11. Add and remove owners and managers of your Business Profile (opens Google Business Profile Help in the same tab) Google Business Profile Help Supports: A Business Profile can be managed through named owners and managers rather than a shared password, and managers cannot add or remove users. Evidence: Official source Accessed
  12. Change the site owner (opens Squarespace Help Center in the same tab) Squarespace Help Center Supports: Squarespace site ownership transfers only from the current owner to an existing contributor, and carries attached subscriptions and domains with it. Evidence: Official source Accessed
  13. Collaborator accounts (opens Shopify Help Center in the same tab) Shopify Help Center Supports: Shopify collaborator accounts let a merchant authorise a partner with access that can be removed and that expires after 90 days of no login. Evidence: Official source Accessed
  14. Roles and Capabilities (opens WordPress.org Documentation in the same tab) WordPress.org Documentation Supports: A WordPress Administrator has access to all administration features within a single site -- which is the application, not the host, registrar or database. Evidence: Official source Accessed
  15. Exporting your site (opens Squarespace Help Center in the same tab) Squarespace Help Center Supports: A Squarespace export is a WordPress-compatible XML file covering some page types and excluding others, including store, album, index and portfolio pages, style settings and custom CSS. Evidence: Official source Accessed
  16. Exporting or embedding your Wix site elsewhere (opens Wix Help Center in the same tab) Wix Help Center Supports: A Wix site must run on Wix's servers and cannot be exported to be hosted elsewhere, though its domain can be held and managed at another provider. Evidence: Official source Accessed
  17. Duplicate or back up your store (opens Shopify Help Center in the same tab) Shopify Help Center Supports: Shopify exports products, customers, orders and other records as CSV and allows a theme download, while orders cannot be imported back and discount codes, gift cards, saved reports and traffic data cannot be transferred. Evidence: Official source Accessed