Skip to content
Back to journal

/ ownership, code ownership, lock-in, domain, tampa, small business

Do you actually own your website? A Tampa small business guide to code ownership, lock-in, and the monthly-fee trap.

The website you paid for might not be yours. Here's how Tampa small businesses get locked out of their own sites, what US copyright law actually says about who owns the code, and the questions to ask before you sign.

By Jimmy Reich

Code for a website on a laptop screen

A pool company in Wesley Chapel decides it’s time to leave its web guy. The site is slow, the guy is slow to answer, and the $90 a month has been quietly leaving the account for three years. The owner lines up someone new, approves a rebuild, and sends one last email to the old vendor: please send over the website files and point the domain at the new host.

The reply comes back a week later. The domain is registered under the agency’s account. The site was built in a page builder they license, so there’s no “export” button that produces anything you can use somewhere else. And the files themselves? Those belong to the company that built them. You paid for a service, the email explains, not the code.

So now the owner has two choices. Start over from nothing, or keep paying $90 a month forever to a vendor they’ve already decided to fire.

That’s not a website. That’s a hostage situation. And it’s more common in Tampa Bay than anyone selling websites wants to admit.

What you think you’re buying vs. what you actually get

When you pay an agency to build your site, it feels like buying a car. Money changes hands, you drive it home, it’s yours. Web work doesn’t work that way, and the gap between what people assume and what the law says is where owners get burned.

Here’s the part nobody mentions on the sales call. Under US copyright law, when you hire an independent contractor to create something, the contractor owns the copyright by default. Even after you’ve paid in full. The work belongs to whoever made it unless a signed, written agreement transfers it to you.

This isn’t a loophole. It’s the baseline. Federal copyright law (17 U.S.C. §101 and §201) treats commissioned work as owned by its creator unless it qualifies as a narrowly defined “work made for hire” or there’s a written assignment. Software and website code generally don’t fit the “work made for hire” categories, which means the only clean way you own your site is a contract that explicitly says you do. The Ninth Circuit’s own model jury instruction on copyright states the default plainly: absent a written agreement to the contrary, the party that created the work owns it.

Translation: paying in full does not equal ownership. A handshake and an invoice marked “paid” do not equal ownership. A signed agreement that assigns the code, the design, and the content to you equals ownership. Nothing else does.

(This is general information about how copyright works, not legal advice for your specific contract. If you’re already locked out, talk to an attorney.)

The four ways you get locked out

Lock-in isn’t one trap. It’s four, and most stuck owners have hit more than one at the same time.

One: the designer owns the code. No assignment clause in the contract means the developer keeps the copyright. You can use the site while you’re paying them. You cannot take it, hand it to someone else, or rebuild on top of it. The day you stop paying, you have nothing to show for the years you did.

Two: the domain is registered under the agency. This is the single most common lock-in problem in Tampa Bay small business websites, and it’s the most damaging. If your web vendor registered yourbusiness.com in their account instead of yours, they control your URL and often your email. Leaving means asking the vendor you’re firing to please, kindly, transfer the asset that proves your business exists online. Some do it in an afternoon. Some don’t.

Three: a proprietary platform or page builder you can’t export. Wix has no real export. Squarespace gives you the blog text and links to your images, not the actual site. A WordPress build wrapped in Elementor or Divi only runs with the specific licensed builder it was made in. “It’s WordPress, so it’s portable” is true on paper and false in practice, because the site falls apart the moment you remove the paid plugin it was built around. We wrote the long version of that problem here.

Four: a monthly fee just to keep the site online. Some of the monthly is fair (more on that below). But a lot of small business “maintenance” plans are structured so the site simply goes dark if you stop paying, even though nothing is actually being maintained. You’re not paying for upkeep. You’re paying rent on a thing you thought you bought.

One Tampa web shop states it flatly on its own pricing page: the monthly service fee is required for all websites. That’s an honest description of a rental. The problem isn’t that it’s hidden. The problem is that owners read “website” and hear “asset,” when what they’re signing up for is a subscription that ends the day the payments do.

Do I own my website if I pay monthly?

A monthly fee is not the enemy. Hosting costs money. A real human answering your email costs money. The question is what the fee buys, and whether the thing underneath it is yours or theirs.

There’s a clean way to tell the difference. Ask one question: if I stop paying, what do I keep?

If the answer is “a full copy of your site that you can host anywhere,” you’re renting a service on top of an asset you own. That’s leasing a parking spot for a car you bought. Fine.

If the answer is “nothing, the site comes down,” you don’t own a website. You’re leasing the whole car, and the lease never ends. That’s the trap.

Monthly should pay for hosting, security, backups, a CMS to edit your own content, and support. It should not be the only thing standing between you and a blank screen. If canceling deletes your business off the internet, you never owned it.

Can I edit it myself?

The second question owners forget to ask, right up until they need to change their hours for a holiday and get quoted $75 to do it.

Some shops build sites you can’t touch on purpose. Every copy change, every new photo, every price update becomes a billable request routed through them. It’s a quiet recurring revenue stream, and it’s sold as “we handle that for you.”

A site you own should come with a way to edit it yourself. For us that’s Sveltia CMS, a free, open-source editor that loads at /admin on your own domain. You log in, change the words, swap the photo, hit save, and the new version is live a minute later. Every edit is version-controlled, so nothing is ever truly broken. Non-technical owners use it the same way they’d use any admin panel. We run it on client builds like Fair To Middlin’ Goods and on this journal.

You should still be able to hand us edits if you’d rather not do them. Done-for-you time is included in every hosting plan. The point isn’t that you have to edit it yourself. The point is that you can, and nobody can hold a price change hostage.

Rented vs. owned, side by side

RentedOwned
The codeLives on their platform or accountHanded to you as files and a repository
The designLocked to a theme or builder licenseYours, exportable
EditingThrough them, or a builder you rentYou, in a CMS, anytime
The domainSometimes in their accountIn your name, your registrar
LeavingRebuild from scratchTake the export, move hosts
The monthly feeRequired to keep the site onlinePays for hosting and a human, cancel anytime

The middle column isn’t a scam in every case. Plenty of owners are fine renting, the same way plenty of people lease cars. The danger is paying owned-asset prices ($3,500 to $15,000 for a custom build is the going Tampa range) and walking away with a rental.

The honest version of the ongoing cost

To be fair to the other side: some recurring cost is real and worth paying.

Hosting is real. A fast site lives on a global CDN, and that costs money every month. SSL certificates, backups, uptime monitoring, spam protection on your forms, and a person who picks up when something breaks all cost money. None of that is a trap. It’s the actual cost of keeping a professional site online and looked after.

What’s not fair is a “care plan” that exists mostly to justify a monthly invoice. On a WordPress site, a chunk of the monthly goes to keeping a stack of plugins from breaking each other, which is a cost the architecture created in the first place. We itemized that whole bill separately. On a hand-coded static site there are no plugins to patch, so the monthly is closer to what hosting actually costs, plus the human.

Our hosting runs $30 to $149 a month, all in, depending on the tier. That covers the CDN, SSL, backups, monitoring, the Sveltia CMS, done-for-you edit time, and us answering your email. No long-term contract. Cancel any month. The difference that matters: if you cancel, you don’t lose the site. You take it with you.

Questions to ask any web designer before you sign

Print this. Paste it into the email. Ask all seven before you pay a deposit. The answers tell you whether you’re buying an asset or renting one.

  1. Do I get the source code and the repository when the project is done?
  2. Who owns the copyright to the code, the design, and the content, and is the transfer in writing?
  3. Is the domain registered in my name and my account, or yours?
  4. Can I edit the site myself without paying per change?
  5. If I cancel, do I get a full export I can host somewhere else?
  6. What exactly does the monthly fee pay for, and what happens to my site if I stop paying it?
  7. Is all of the above in a written contract?

A vendor who builds the way you’d want them to will answer these in one short email. A vendor who hesitates, deflects, or says “let’s talk about that later” is telling you something. Believe them.

How we do it

We build hand-coded sites for Tampa Bay small businesses, and ownership isn’t a feature we bolt on. It’s the default.

  • You get the actual source code and the Git repository. Not a screenshot. Not a login. The files, in a repo, yours to keep.
  • You own the code, the design, the content, and the domain. The domain is registered in your name from day one. We never park it in our account.
  • You can edit it yourself in Sveltia CMS at /admin, with full version history, the same tool we use on our own site.
  • You can host with us or anywhere. Our hosting is $30 to $149 a month, all in, and it’s optional. The site is static files, so it runs on any host that serves them. Leave whenever you want and we hand you a clean export.
  • Flat fee, no retainer. Our tiers run $750 to $6,500, one-time, with custom work scoped on its own. No mandatory monthly to “unlock” the site you paid for. We ask for 30 days notice on the way out so the handoff is clean, and that’s it.

The reason we can work this way isn’t generosity. It’s the build. A hand-coded static site is a folder of files, so handing it over is trivial. There’s nothing proprietary to hold over you, because there’s nothing proprietary in it. Owning your site is only hard when someone built it to be hard to leave.

You should be able to fire your web designer. Own the code. Own the domain. Own the content. If you can’t leave, you don’t have a website. You have a landlord.

What to do with this

If your current site is fast, you can edit it, the domain is in your name, and the monthly is fair, you’re fine. Nothing here is a reason to start a project for the sake of it.

If you’re not sure who owns your site, or you’ve already had the “those files belong to us” conversation, find out where you stand. Pull up your contract. Check who your domain is registered to (a WHOIS lookup takes thirty seconds). Ask your vendor the seven questions above and see how fast the answers come.

And if you want a second set of eyes, send us the URL. We’ll reply by email with a few questions, tell you honestly what you appear to own and what you don’t, and if a rebuild makes sense we’ll send a detailed proposal with a flat price. Free. No pitch you didn’t ask for.

Either way, now you know the difference between owning a website and renting one.

Jimmy

Got a question this raised?

Send a note. We reply within one business day, usually faster.