If I were to hire a Company to create my website...

[DanRhodenizer]

I'm thinking of working with these guys www.acromediainc.com

Anyways, if I were to hire them, would I have to make sure that my website idea is patented/copyrighted?

I'm new to this, so I don't have as much knowledge as I should have.

Thanks for your time.

[tracknut]

What are you trying to accomplish with a patent or copyright on the web site?

Dave

[DanRhodenizer]

My design and the overall concept.

[WebJoel]

What you are asking about, is called "exclusivity contract". Web sites for sale might have a generic or more specific format, and the prices would reflect this.

If website "A" is being sold multiple times, you might be X-dollars (a nonimal price that we cannot discuss, -but reasonable) and it can be sold again & again, to other buyers to use. (You will probably see a 'sold x-many times' slogan on it, somewhere).

If website "A" is purchased 'exclusively' and for a much larger $ amount, the 'sale is closed' and the seller REMOVES bidding and purchasing from that particular web site, permanently. YOU will receive the ONLY version of it. It becomes 'exclusive', to you and you alone. There will be some record of this, and it becomes legally binding contract between you & the seller (Seller cannot tweak it (change color, move image/s, etc., and re-sell again).

I have seen a LOT of FLASH-based sites in clearing houses for templates doing this.

Photo sites do this alot too... 100s or 1000s of stock-photos are offered for sale, cheaply, dozens or hundreds of times for a dollar or two, for sale to web masters, anyone, etc. But if YOU want to own it exclusively, you are 'buying the rights' to it (for a higher one-time cost), and sales are locked, and YOU possess the exclusive copyright to it and it cannot be sold again, tweaked, chopped-up & re-sold or whatever, (or otherwise used) by anyone but yourself.

[DanRhodenizer]

I'm not sure I follow. But the main idea is I don't want them to steal my website design and the overall concept of my site.

[Reli4nt]

You can't patent a design or website content. In the US you are protected under copyright laws when you publish the site though you can take the extra step and register the design with the office for what it is worth. In the end though, this is the web we are talking about and little protections can be guaranteed.

I don't think you should stress it though. The exclusivity of a design or concept of a site has never been what has ensured success of a site/business online. Execution is what matters.

Besides, with the millions of sites out there what makes you think your concept is original.

[knowj]

As long as the design rights are signed over to you. You will hold the copyright. Also if your company name is a registered trademark you will also be covered by that.

[tobiaseichner]

Just ensure that when signing the contract, the webdesigner grants you full rights on their works (including distribution rights). Also ensure to disallow them selling the same design to an other client (usually all designs are unique, but nevertheless).

Finally, if you don't trust the webdesigner in question, maybe you should better look for a different company.

[Ddraig]

Before you will explain or descirbe the design to them you can have them sign a non-discolsure agreement (NDA). If they take and use the design or concept (which is what I am hearing it really is) elsewhere then that is the violation NDA. However I am also sure they will have some kind of contract or agreement that you would have to sign about specific code in the background belonging to them etc.

[WebJoel]

... But the main idea is I don't want them to steal my website design and the overall concept of my site. Have you checked this site with the Better Business Bureau to see if there have been any such claims (founded or un-founded) lain against this company? Even the claims not proven, are probably on record somewhere and that might suggest trustworthyness...

But generally I have found that anyone capable of stealing a design or a layout is typically good enough to

1) understand it and therefore,
2) create their own

and anyone capable of that, probably is reasonably wary of copyright infringement accusations to be willing to avoid them (see "Better Business Bureau" statement above)..