VAKEEL SAHAB LEGAL DESK • Independent Legal Information
26 October 2026
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VAKEEL SAHAB

Legal Desk • Judgments • Advocate Directory

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Who owns the copyright in a logo, website or code made by a freelancer?

Payment, ownership of deliverables and copyright assignment are separate matters. Rights depend on the category of work, the relationship between the parties and the written contract; there is no single rule for every commissioned work.
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  • Payment, ownership of deliverables and copyright assignment are separate matters.
  • Rights depend on the category of work, the relationship between the parties and the written contract; there is no single rule for every commissioned work.Understand the law and the processCo…
  • The treatment of an employment contract may differ from that of an independent freelancer engagement.

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Payment, ownership of deliverables and copyright assignment are separate matters. Rights depend on the category of work, the relationship between the parties and the written contract; there is no single rule for every commissioned work.

Understand the law and the process

Copyright law provides for first ownership and certain exceptions for commissioned works. The treatment of an employment contract may differ from that of an independent freelancer engagement. In an assignment, statutory requirements concerning rights, duration, territory and consideration are important. Receiving source code files and having the right to modify, sublicense or resell them may be separate questions. Licences for third-party fonts, stock images and open-source components may also be involved in the work. A freelancer cannot transfer a right that they do not themselves have.

In detail: What factors can change the outcome?

In the agreement, specify the delivery of editable files, repository access, credentials and documentation along with the final output. Decide whether you need a licence or a full assignment. Understand the scope of future uses of the brand—advertising, merchandising and redesign. If an earlier project was based on an oral agreement, subsequent written clarification may reduce disputes.

What should you do?

  1. Check first ownership according to the category of work and the creator’s relationship with you.
  2. Clearly specify the rights and permitted uses in a written assignment or licence.
  3. At handover, obtain the source files and a list of third-party licences.

Which documents should you keep?

Keep the scope contract, assignment or licence, invoices, source-file handover records and third-party permissions.

Hypothetical example

A business commissioned a website, but the designer used licensed stock photographs. Paying the website fee does not give the business an unlimited right to use those photographs in any new campaign.

Does writing “paid” on an invoice always amount to a full copyright assignment?

No. The statutory and contractual requirements for an assignment may need to be met separately.

Sources and related rules

Editorial review: October 26, 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.

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Advocate Amardeep Jaiswal
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Advocate Amardeep Jaiswal

Advocate, High Court of Madhya Pradesh, Jabalpur। Publishes informational articles on Indian law, judicial decisions and practical legal issues.

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