Hey, I have a client that I am making a website for but who owns the actual template I have made? Do I put my copyright in the footer saying the actual design is my copyright and content is the client or do I put both copyrights to the client?
If you create a template, with images, colours, etc, then assuming you've recieved the rights for the images, this is your work, and you automatically (in the US and UK at least) have the copyright, even if you don't register it. This goes for all works of art and media as well. However, your contract may state that you've waived those rights, and that all work for which you are paid actually belongs to your client/boss. You need to look closely at your written contract (you've got one of those, right?). If there's nothing in the contract written about the template, then you are the copyright holder. You may choose to (in writing) give this to your client, or you may keep your copyright and merely give them free (choose: restricted or unrestricted) use thereof. Or, you can do something I did: I made a little cat mascot/logo for my company, and I made a contract with them: I sold the cat to them for $0, and when/if this cat goes on any merchandise, I recieve 25% royalty (merch is planned). Before selling this cat, I could have used him in other places, or for myself. Now, I must ask permission if I were to use him for an MSN avatar or on an unaffiliated website. I've waived my copy right. For a template for which you are being paid, unless it was a very very special design, I would say that whatever you're being paid to build and design the site go together and that when you're done, they are the owners. Most templates are quite ordinary and usually a business cannot say "We own that three-column layout." If it's very very special, you can continue to hold rights like Good Dog Design does. There's website holds links to all the designs they've made and they continue to hold the copyright. Their clients only paid them to use the design, but do not own it. (example www.dole.com -- Dole does not own the design itself, but have unrestricted use of it. Good Dog is still the owner). Hope this helps.
It depends on your contract. If the contract does not state anywhere that you are selling the template then you own it and should put a copyright on it. If the contract is selling the template and all rights to someone else, then you don't own it and can't put that on. Usually people will have to pay more for this to happen (thats why most people don't bother and arn't worried about having a copyright by XXX link on the page somewhere). So it all depends really. I'd ask your client if they want to own the template too, if so then charge them more money.
Well I am new to freelancing and I have not actually written up a contract or thought about it yet, I don't really know how I would write a contract so under the basis of there being no contract I own the template you are saying then. It is only something fairly simple but I still take pride in my work and don't want to see anyone has copied my actual source or anything, if a site looks similar but has a completely different source then I don't mind that. Is there any good places to help me writing up contracts for web design?
Stomme poes hit the nail on the head, but here's a quick summary of how it works. You create an original work and put it in a finalized form. The copyright to that is automatically assigned to you. If you make the work for a client, you have to explicitly tell the client that they own the copyright to your work. If you don't, you own the site, not them. (This has been known to cause significant legal problems in the past.) For a general overview of how internet and intellectual property law (especially how it applies to the Internet) work, I strongly suggest you read "The Internet Legal Guide" by Dennis Powers (it should be available at your local public library; if it's not, ask them if they can borrow a copy from another library via an inter-library loan).
Unfortunately it isnt 100% that simple - in the UK it is, you create something then it is automatically yours and you must explicitly give it away however in some other countries you have the "work for hire" concept where if you are paid to create something for someone else then the copyright automatically becomes theirs unless your contract says otherwise. In the absence of a contract it becomes exceptionally difficult to say unless you are both in the same legal jurisdiction as if you are in In and the are in Jp you havent even defined which countries legal system applies. Given copyright notices are a waste of time and space why not just stick on a "designed by" footer with a link to your site which will add much more value that a (c) notice anyway? Then use your monies earned to pay a solicitor/ lawyer to draw up a contract for you to use on all your future jobs