Who Owns the Code of a Website

Under French law, simply ordering and paying for a website does not automatically transfer ownership of the code to the client: the developer remains the copyright holder unless the contract includes an explicit assignment clause. Understanding this principle helps avoid disputes that often surface at the end of a working relationship, particularly when switching providers.

The real problem: a common but mistaken belief

Many clients wrongly assume that paying for the creation of a website automatically makes them the owner of every aspect of it, including the code. That assumption feels intuitive, but it doesn't match the underlying principle of copyright law, which protects an original creation on behalf of its author, regardless of whether a service has been paid for. Without an explicit contractual clause, a client can end up in an awkward position when they try to switch providers: the code legally remains the property of the original developer, even if the client funded its creation.

The copyright principle applied to code

The source code of a website can be protected by copyright as soon as it shows a degree of originality (an architectural choice, a distinctive structure, an identifiable development style). This right arises automatically in favor of its author (the developer or the company that employs them), with no registration required. Payment for a development service is not, on its own, enough to transfer these rights: an explicit assignment is needed, generally set out in the contract.

What a rights assignment clause should contain

For the client to genuinely become the rights holder of the developed code, the contract must include an explicit assignment specifying:

Without these details, the assignment can be considered incomplete or unenforceable, particularly in the event of a dispute, since French law strictly regulates the assignment of copyright.

The special case of CMS platforms and SaaS tools

The question of code ownership plays out differently depending on the technology used. On an open-source CMS like WordPress, the software core remains under its own license (generally an open license), and ownership only concerns the specific developments carried out for the client (custom theme, bespoke plugin, integrations). On a proprietary subscription platform, the platform's code belongs to the service provider, and the client generally holds a right to use their site (content, configuration) without owning the underlying code. These distinctions should be clarified before signing a contract, depending on the model chosen.

What belongs to the client in every case

Regardless of who owns the code, certain elements generally remain the client's property unless otherwise agreed:

• The content created by or for the client (copy written specifically for them, data, customer database).
• The brand and identity elements of their business (logo, trade name), subject to their own separate protections.
• The domain name, which belongs to the person or entity registered as the holder with the registrar, independently of the technical provider.

Why this deserves to be clarified beforehand, not afterward

The most common moment when this issue becomes a real problem is when a client switches providers or brings site management back in-house. Without a clear assignment clause, a client can end up dependent on their original provider for any change to the code, or forced to rebuild the site from scratch. Clarifying this point during contract negotiation, before any work begins, avoids that kind of deadlock later on.

What to remember

• Payment for a service does not automatically transfer copyright over the code developed.
• An explicit assignment clause, specifying nature, scope, duration and territory, is required for the client to become the rights holder.
• On an open-source CMS, only the specific developments (custom theme, plugin) are affected by the ownership question.
• On a proprietary platform, the code generally remains the property of the provider, with the client holding a right of use.
• Content, brand elements and the domain name generally remain the client's property, independently of the code.
• This point should be clarified in the contract before work begins, not after delivery.

Frequently asked questions

Is paying the invoice enough to transfer ownership of the code? No, an explicit assignment clause in the contract is required, separate from simply paying the invoice.

Can a client ask their provider for the source code at any time? It depends on the terms of the signed contract. This point should be clarified before signing, not after delivery.

What happens with a site built on a CMS or a platform? On a CMS, only the specific development is affected, with the CMS core remaining under its own license. On a proprietary platform, the code generally remains the property of the service provider.

Does a maintenance contract change ownership of the code? Not necessarily. It's worth checking that the initial development contract and the maintenance contract are consistent on this point.

In summary

Ownership of a website's code is never automatic: it depends on the precise clauses of the contract signed with the provider, or on the absence of such clauses. This general overview presents the applicable copyright principles; for a specific contractual situation or an ongoing dispute, the advice of a lawyer specializing in intellectual property is recommended. On subscription sites designed by VeryAppi, the terms of use for the code and content are specified from the initial contract.