Source code · Ownership

Do I own the source code once my website is finished?

Not automatically. It depends on what your contract says. Under Korea's Copyright Act, copyright belongs by default to the person who created the work, and it is handed over either by transferring it (assignment) or by granting permission to use it (a license) in the contract.

So paying for the website doesn't necessarily mean every right to the design and code is now yours. Some contracts only give you "the right to keep using the finished website," while others also hand over the source code.

The Copyright Act also states that even when all economic rights are transferred, the right to create derivative (secondary) works is presumed not to be included unless the contract says otherwise. If another agency might modify the site later, it's best to write that scope into the contract. For a specific case, get advice from the Korea Copyright Commission or a legal professional.

What should I check for source code, domain, hosting and content?

A website is made of several pieces, and each piece can have a different owner. If even one of them is tied up in the agency's name, that piece will block you when you try to move.

The domain and hosting renew every year or every month, so also check whether the payment method belongs to the agency or to your business. If a domain the agency was paying for expires after you lose touch with them, getting the address back can be hard.

The safest approach is to create outside accounts, like search registration and visitor analytics, with your business's main email and give the agency admin access only. When the work is done, you just remove their access.

What's the difference between ownership and a license to use?

Ownership (having the rights transferred to you) means you can edit and move the site however you like, while a license means you can only use it under set conditions. If the contract only says you "may use" the site, you may face limits on moving it to another agency or modifying it.

If your site was built on a website builder platform (one you pay for monthly), you often can't take the code out. In that case, check whether you can export your text, photos and data instead of the source code.

The same goes for photos, fonts and icons. Even with a free font, check its license terms to see whether it can be embedded in a website. Gongu Madang, run by the Korea Copyright Commission, lets you find free fonts and images with their usage terms clearly marked.

What should I get handed over when I switch agencies?

When switching agencies, the safe order is to check the domain first so your address doesn't go down, then collect all your data and original files without missing anything.

Don't shut down the old website right away during the move. After you point the domain to the new site, it can take a while before every customer sees the change, so it's best to confirm the new website opens properly before retiring the old one.

You also need to check that the source code you receive actually runs somewhere else. If it only works on a specific agency's server or with paid software, the new agency may struggle to reuse it, and rebuilding could be the better choice.

1. 01Check that the domain registration and admin account are in your business's name. If not, request a transfer first.
2. 02Find out who owns the hosting and server accounts, and don't cancel them until the new agency is ready.
3. 03Get the source code files or access to the code repository.
4. 04Download your booking, order and inquiry records as a file such as an Excel sheet. They contain customers' personal information, so store and send them securely.
5. 05Get the original logo files, original photos and purchase records for any paid images.
6. 06Move admin access for search registration, analytics and map accounts to your business email.
7. 07After moving to the new website, check yourself that the address, bookings and inquiries all work.

What should the contract say about ownership?

Most disputes happen because no one agreed on "what you get when the work ends." When signing, check the items below and get them in writing.

If the contract doesn't cover these points, simply emailing the agency before signing and keeping their reply helps a lot. If you ever need to check later, that record shows what you both agreed to.

If you've agreed to receive the deliverables, also write down when you get them: after the final payment or when the contract ends. A clear date means less waiting on each other later.

• Whether rights to the deliverables (design and code) are transferred to you or you're only licensed to use them
• Whether another agency may modify them (scope for derivative, or secondary, works)
• The list and format of files you receive when the contract ends
• Whose name the domain and hosting are in, and who pays for them
• Whose name paid photos and font licenses were bought under
• Whether the agency may show the work in its portfolio

What ownership problems do small businesses often run into?

For small businesses, ownership problems usually show up not as big legal fights but as "we don't have the originals, so we have to make it again." Most of them can be prevented if you prepare ahead.

You can avoid most of these problems by doing one "collect the originals" round right after launch. Keep your original logo and photo files, a list of accounts, and how to get the source files together in one folder.

Ownership problems often come not from a falling-out with the agency but from the agency closing down or your contact person changing. It's easiest to sort things out while the relationship is still good.

• Craft studio: the logo was delivered only as an image file, so it looks blurry when blown up for a sign or business card
• Hair salon: booking records lived only in the agency's system, so regular-customer history was lost when switching agencies
• Cafe: paid photos were bought under the agency's account, so they can't be reused on the new website
• Restaurant: the search registration account was created with an agency employee's email, so access was lost