It is most advantageous for the Sponsor to own all copyright rights in website content. Sponsor-contributed works include its company logos and trademarked material, of which the Sponsor always retains ownership rights. It is reasonable for content created or customized specifically for the Sponsor to belong to the Sponsor, but an expressed clause to that effect is probably necessary. Additionally, it may be necessary to conduct an availability search on trademarks originally cleared for use in another medium, because there may be more likelihood of consumer confusion on the internet. Where a Sponsor has previously purchased the rights to contents, especially if for another medium, it is important the authorization or license is transferable to on-line applications.
Special issues arise when commercial websites include databases of customer information.
The Sponsor should contractually confirm that any data provided to the Developer for upload to the website is proprietary, and cannot be inappropriately retained by the Developer. 15 designer or other third-party content is content which is commissioned by the Sponsor or the Developer , but is created by another party, raises special ownership issues. The Contract should identify all third-party contributors, the content created by each, and specify whether third parties retain copyright rights. The Developer should indemnify the Sponsor from infringement claims arising from the third-party content provided by the Developer, and vice versa . For an example of litigation involving a developer, a sponsor, and a third-party designer, see Animation Station v. The Chicago Bulls .