Common sense suggests that if you hire a web developer to design your cannabis or CBD website, whatever they create belongs to you. But that isn’t always the case.

According to U.S. Copyright Law, if you hire a marijuana web design firm as an independent contractor, that design firm owns all of the content that it creates. In a case such as this, the law treats the contractor as an “author” and automatically grants them ownership of the work. Even if your business works together with a design firm on your website, the design firm might be able to claim joint ownership of the site’s design and content. This could create a major problem for your cannabis business or dispensary.

Make sure your contract or agreement with your design firm includes a clause that assigns the ownership of the firm’s work to your business. This agreement must be in writing — oral copyright assignments aren’t enforceable. Most standard web development agreements assign the copyright to the client, but you should always make sure the assignment clause gives you complete, unquestioned ownership over every aspect of your website.

There is a notable exception to this rule: If one of your employees builds your website, then your business owns that work. If you’re not sure whether a web developer qualifies as an employee or as an independent contractor, however, play it safe and require them to sign a copyright assignment form.

Studio 420’s contract or agreement includes a clause that assigns 100% complete, unquestioned ownership of the software and graphics they create to your business.

Of course Studio 420 requests the right to use the completed project and any preliminary designs for design competitions, future publications on design, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.

So, make sure that you get it in writing that your cannabusiness will own your website software and content.

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Studio 420 is a cannabis and psychedelics creative agency specializing in branding, UX/UI design, web development, ecommerce, and digital marketing solutions. We offer a variety of services to ELEVATE your online web presence.

Contact our Denver, Colorado office for a no-obligation, project cost analysis at 303-653-9855.