A company I know has their site designed and maintained by a third party.
For various reasons the company isn't happy, and is contemplating a change.

1) Copyright issues....the company has provided the text, the logos, the photos....it is, after all, a trading company site.
Does the designer have any copyright claim?

2) It's claimed that the designer hosts the site himself. Is there a way of verifying who actually does host the site, and where?

Not sure about the copyright but i can help you with hosting.

The domain will be pointing to the IP of the web server, find the IP then you can do a whois lookup to see which company is responsible for the range. You will then need to contact the company for more info.

Not sure about the copyright but i can help you with hosting.

The domain will be pointing to the IP of the web server, find the IP then you can do a whois lookup to see which company is responsible for the range. You will then need to contact the company for more info.

Cheers for that.
May I ask how I find the IP of the web server, please?

Cheers for that.
May I ask how I find the IP of the web server, please?

Forget this one - I've just found it!

This just leaves the "ownership" of the content, I guess.

If the current designer is kicked into touch, does he just "pull the plug" and render the site useless until somebody else takes over, or......?

Basically to move the site you need the following:
The site - as in the actual markup and images that
Domain - you need to have access to the dns settings for you domain, so you can point it to your new hosting account

If the site is static, you can grab it using a site-ripper program (many free ones around) which will download everything it can find on the site. If the site is dynamic (cms/shop) you will need the code and the database - which you will have to get from the current web guy.

Whoever owns the domain has the control, you can ask your designer to transfer the domain to you.

What is this site? Is there really that much design work in this?

Just a thought, if you're about to set up a new site; make sure you get the domain name yourself, seperate to your web-host. This gives you more versatility and keeps your options open (incase anything messy happens).

If the site is dynamic (cms/shop) you will need the code and the database - which you will have to get from the current web guy.

Whoever owns the domain has the control, you can ask your designer to transfer the domain to you.

What is this site? Is there really that much design work in this?

Just a thought, if you're about to set up a new site; make sure you get the domain name yourself, seperate to your web-host. This gives you more versatility and keeps your options open (incase anything messy happens).

Thanks, both.
Got to be a bit wary of saying too much - you'll appreciate the reasons why....I've also got to be a bit vague as to details, but that's because (for the moment, at least) I don't know many!
In short, it's costing the company a lot of dosh to have this site, and the financial guy has stabbed his finger on the bottom line and queried why...are they being ripped off, I suppose is what it boils down to. There's also a question as to the "extras" that the guy charges 'em for amendments and the like, and apparently he's extremely slow to action anything.
As regards the copyright question, I've just spotted that it's marked down to the company on the index page...so I guess that settles that one.
Yes, they'd want to retain the existing name, and add a further. I've found that the designer - developer? - uses Namesco to host the existing site.
The suggestion is that they employ someone in-house instead...cheaper, quicker, etc., and an actual employee to grab hold of when required!
How the present contract - if indeed, there is one - between the company and the designer is worded, I don't know.....and (perhaps) there's the worry.
Is the site layout "his" property?
Can the layout itself be copywritten? I really don't know....

If your mate gets a web designer, then none of this is a worry. Site layout and design can be tweaked a little bit from the original, so its no longer the work of the previous web guy. Besides a fresh(er) looking site is always nice ;)

IANAL (but have been a web developer), and my understanding that UK copyright law adheres to the 'Berne Convention' (signed by many countries) which basically gives copyright to the creator of the work unless there is evidence to the contrary, such as a contract which specifically transfers ownership to the client (a 'work for hire' agreement).

So check the contract for the specifics - if no contract exists, check any written communication such as emails etc. It can be quite common for a developer to provide some kind of CMS 'service' that uses their own CMS system to power a client's web site, so in these cases the client cannot take the entire web site (i.e. server side code, database) away with them (although the client will typically retain ownership of the design, so that could be ported to another CMS very easily).

However, it is unclear from your posts as to the current 'climate' between client and developer. While all the legal stuff is all well and good, it's my experience to first try the common sense route - simply tell the developer you are wanting to use in-house web people and could he forward you a copy of the site and all associated code and database structures. Chances are, he will unless there is a contractual agreement to deal with.

IANAL (but have been a web developer), and my understanding that UK copyright law adheres to the 'Berne Convention' (signed by many countries) which basically gives copyright to the creator of the work unless there is evidence to the contrary, such as a contract which specifically transfers ownership to the client (a 'work for hire' agreement).

So check the contract for the specifics - if no contract exists, check any written communication such as emails etc. It can be quite common for a developer to provide some kind of CMS 'service' that uses their own CMS system to power a client's web site, so in these cases the client cannot take the entire web site (i.e. server side code, database) away with them (although the client will typically retain ownership of the design, so that could be ported to another CMS very easily).

However, it is unclear from your posts as to the current 'climate' between client and developer. While all the legal stuff is all well and good, it's my experience to first try the common sense route - simply tell the developer you are wanting to use in-house web people and could he forward you a copy of the site and all associated code and database structures. Chances are, he will unless there is a contractual agreement to deal with.


Yes, I see how the "contract" could affect things - thank you.
Obviously a matter out of my hands, but I will certainly pass on all your thoughts and comments.

Thanks to all contributors - very grateful for your help and advice.