Who Owns and Controls Your Website?


A business hires a web developer to setup and design a website.  The business owner assumes that because they paid the web developer and because the website is for their business, that they own the copyright on their website.

Unfortunately this is wrong.

Hiring a web designer or commissioning any kind of creative work does not automatically grant you ownership of the rights.



Copyright ownership is important because the owner is entitled to control all use of the copyrighted material.

So make sure that you own the copyright on your website and not the web designer.  If you are the copyright owner then you have the rights to:

  • You can modify your website, whenever you want, in any way that you want.
  • You are not locked in to using the original web designer to edit your website.
  • No business can copy your website design or content without your permission.
  • If you wish to sell your business, you will have no trouble as the copyright owner.



You simply need a copyright transfer agreement.

So make sure that when you hire a web designer, you get them to state in writing or an email message that you will own the copyright on your website.  This officially transfers the copyright ownership from the web developer to the business owner.

The Transfer Agreement should state:
“{web developers name} transfers all copyright ownership and rights in the design of the website to {business name}”



I recommend that you discuss copyright ownership in the original negotiations and get the copyright transfer agreement stated in writing in the original quote and/or in the website design contract.  This clarifies the copyright ownership up-front, before the project gets underway.

If the web designer doesn’t formally transfer the copyright ownership, then ownership of copyright automatically goes to the web designer.


NOTE:  This article provides general information only.  It is not a complete or definitive statement of Copyright Law.  The author Luke Hayes has no formal legal expertise and so you should seek formal legal advice in relation to copyright law.


To your success,

Luke Hayes

Web Marketing Strategy

Small Changes Can Equal A Huge Boost


When you think big, you tend to overlook little changes that can lead to astounding results. I’ve found that the most powerful innovation happen incrementally…that is small changes add up to really BIG RESULTS. 

QUESTION:  What small change can you make in your business that could result in major growth?

Here are some easy to implement changes I've made that made a huge difference to my business:

-  Get up in the morning 30 minutes earlier.
-  Hire help.
-  Create some systems and a checklist that everyone has to follow.
-  Start promoting.
-  Offer staff more flexibility.
-  Pick a new niche to target.
-  Start calling existing clients to see what help we can offer them.
-  Make everyone stand during the staff meeting and cut it down from 1 hour to 15 minutes.

web design & strategy

Worst Technology Predictions of All Time

Predicting the future is easy … getting it right is the hard part.

'Everyone's always asking me when Apple will launch a mobile phone. My answer is, "Never"'.
By:  David Pogue, The New York Times, 2006.  NOTE:  The iPhone came out in 2007.

‘Y2K computer systems around the world will crash and burn.’

'The Internet won’t go anywhere… it’s just a trendy and oversold community'
By:  Clifford Stoll, Newsweek journalist, 1995.

'Television won't be able to hold on to any market it captures after the first six months. People will soon get tired of staring at a plywood box'
By:  20th Century Fox executive Darryl Zanuck, 1946.

'There is… no chance… space satellites will be used to provide better telephone… television or radio service'
By:  Tam Craven, Federal Communications Commissioner, 1961.

‘Remote shopping online, while entirely feasible, it will flop.’
By:  Time Magazine. 1966

'Nuclear-powered vacuum cleaners will probably be a reality within 10 years.'
By:  Alex Lewyt, president of Lewyt vacuum company, 1955.

‘The Americans have a need of the telephone, but we do not.  We have plenty of messenger boys.’
By:  William Preece, British Post Office. 1876

The Most Important Word In Online Marketing - TRUST

As business professionals we always talk about building trust with our clients.  But what about the service you provide online?

When a person arrives on your website they have to TRUST you before they’ll consider doing business with you.  Everyone knows that buying online comes with certain risks.

When the visitor to your site trusts you they feel confident that they’ll be treated right, with respect and care.  They

  1. Honesty - always telling the truth.  Consumers are excellent at detecting bull-shit and exaggeration.
  2. Integrity - walking your talk (having alignment between your words and actions)
  3. Respect for Self and Others - always talking to and dealing with others as equals and never as if they were lesser than or greater than you.
  4. Openness – provide full disclosure up front.  Also understanding your customers viewpoint, challenges and needs.
  5. Reliability - being consistent in your behaviour or in your way of being or acting; being someone others can depend on in fulfilling commitments
  6. Competency - demonstrating your knowledge and expertise regarding your products and services, and how they solve problems for your customers.  Where possible demonstrate your ability to get to what is most important to the other person.

These 6 factors are requirements for TRUST.

To your web design success,
Web Marketing Strategy

Best Selling Author of Website Masterplan


New Year's Business Resolutions

Cheers to a new year and another chance to get it right... and YES you're right "time flies".  The good news is that you're the pilot.

46% of Australian's make new year's resolutions.  They learn from yesterday and plant new year's seeds for a year of growth and success. 

1. This year I will start my own business
2. This year I will learn something new
3. This year I will get organised

Write your resolutions down
Create a plan to achieve your resolution
Commit to succeeding and following the plan
Tell people about your intentions so you are committed
Read your resolutions every day for the month of January

To your happiness and success,
Web Marketing Strategy

Best Selling Author of Website Masterplan

Critical Website Marketing FACTS

Take a look at these undeniable statistics. You'll see the Internet is a huge opportunity for your business and wealth.

FACT: Business has tripled in competitive intensity over the last decade.
FACT: Consumers are bombarded with 1500 advertising messages daily.
FACT: Over 100 million searches conducted daily by consumers on the net.
FACT: Website visitors decide within the first 6 seconds if they stay or go.
FACT: 59% of websites lack planning / strategy and consequently they fail.
FACT: Average consumer takes 2.6 seconds to make purchasing decisions.
FACT: Wealthy consumers are more likely to shop online.
FACT: 77% of consumers don’t care if a site is run by a large or small Co.
FACT: Internet use and sales continue to grow at lightning speeds.

To your web design success,
Web Marketing Strategy

Best Selling Author of Website Masterplan

Train Your Brain for a Competitive Edge

What’s the main reason that most businesses fail within the first 5 years?  The performance and psychology of the leader.

Read on to discover how to dramatically improve your performance by elevating your mindset and destroying your negative thinking and limitations.

Did you know that you tend to have the same thoughts over and over? 

Repeating the same thought creates a way of thinking, it’s a pathway in your brain.  The scientific term for this is a “neural pathway”.  To be efficient your brain will use the same way of thinking over-and-over.


You can forge new neural pathways and create new mental habits, thought patterns and ways of thinking.

A belief is just a thought that you've had over and over again.

Beliefs and habits CAN be changed. Negative beliefs about yourself, clients,money, suppliers or your circumstances can be eliminated from your life.  So here's how it is done in 5 easy steps:

1:  Identity The Habit You’d Like To CHANGE
For example: if you think it is impossible for you to change your negative, pessimistic thought, that’s a negative belief worth changing.  If you agree, and identify how this type of thinking is bad, then decide to eliminate that belief or habit.

Another example: If you believe that you can’t find new customers and you are no good at selling, then you’re in real trouble.  This is a belief that you need to change fast, because every business owner needs to be obsessed with making sales. 


2:  Decide What You DO WANT
After step 1 you know what you don’t want.  In step 2 we need to replace the negative with a new positive way of thinking.  So decide what thought you’d like to have instead of the negative one.

For example:  We want to get rid of the belief “I can’t find new customers”.  We need to replace that, so instead you may choose to replace the negative with “There are potential customers everywhere that need my product”.

Get clear on the new belief or habit that you want.  By setting a new clear intention, you’ve taken a simple but very important step towards creating a new pathway in your brain.


3:  Shift Your FOCUS To What You Want
You are in control of the thoughts that pass through your mind.  Keep your thoughts on what you want to believe.  This is very important. To create a new neural pathway, you take the focus off the old habit, and then that old habit eventually falls away.

So maybe you’re wondering;  how can I focus my mind to retrain my brain?  The answer is simple and free… use your imagination.


Your imagination is a simple and powerful tool for seeing and creating new ideas and thoughts. Could it be that easy?  YES.

Just imagine, visualise what you want, the new behaviour or outcome.  Make up a simple little mind movie where you are achieving what you want.  The more times you repeatthe successful outcome in your mind, the stronger you build the new, positiveneural pathways.

I also find it helpful to create a list of why the new thought is true and important.  The process of creating the list and focussing on the reasons WHY, it reinforces the new neural pathway.


5:Interrupt Old Negative Thoughts
Say “no” when the new thought comes into your mind.  Then redirect your mind to the positive alternative belief.

For example, suppose you have been dwelling on the thought that“I’m failing in my business” or “I can’t make a profit” or “I’m not good enough to succeed”.  You realise the negative thinking is poison to your health, happiness and business.  Next time you start to have that thought, stop yourself, say “no”.

So whenever the negative thought occurs, interrupt it and replace the thought with the new positive belief.  Keep repeating the same positive belief so it builds a strong neural pathway.



Know that mental transformation is always possible and that you can create new brain pathways.  Simply identify the negative thoughts that you are having and decide to make a positive shift.

Give this process a try the next time you notice yourself dwelling on a negative thought.  I think you’ll find it very empowering.  And feel free to share it with others who could use a mental pick-me-up.


To your website and business success,
Web Marketing Strategy

Best Selling Author of Website Masterplan

Website Leader – Follow Me Or Get Out Of The Way

Every website needs a powerful leader to drive its success. A great leader will ensure that a return on investment is achieved for their business. They will inspire and motivate their team to create an outstanding website. They will make sure that their website is a profit earning machine that their clients absolutely love.

One senior person in your organization must be empowered to lead your website charge. They should have the final say and responsibility for your website strategy. Their passion and leadership will be essential to your web success. This is an important responsibility, so the leader should be chosen for their capabilities and suitability.

Your website leader is where your online success buck stops. They take ultimate responsibility. They develop the vision and do the planning for your future. They ensure that the plan is implemented and that your sites objectives are being achieved. This includes managing the design team, ensuring that the site’s personality and professionalism is maintained. Ensuring that every feature works and content is up to date, making sure that your visitors and clients are totally satisfied with their web experience. Also they need to manage the input from all of the stake holders.

So, it is obvious that your website leader must have leader-ship qualities. They must have the vision for your site firmly in their heart, and then be able to bring all of the relevant factors together successfully. They must carry the responsibility for your website with enthusiasm and determination. Your website leader is the driving force for your success.

A leader must build and maintain a cohesive partnership between all those involved in your website. Staff members are more co-operative and will invest their energy to support a Web Leader that they like, respect and believe in. So ethics and sound judgment are very important. This also includes relationships that involved the outsourced tasks. For example a motivated web designer will perform better and do the little extras that always seem to pop up mid way through the design process.

All managers in your organization will contribute to your website in one way or another. So if they are not already Internet savvy, then time and effort should be invested to bring each of the individual managers up to speed.

So choose your website leader carefully. Give them the skills and authority to drive your online success. It’s a competitive world out there, and you need someone who is committed to leading the charge and winning.


To your website and business success,
Web Marketing Strategy

Best Selling Author of Website Masterplan

20 Kick-Arse Quotes For Small Business Owners

Whether you are an aspiring small business owner looking to launch your first venture in the coming year or having been riding the entrepreneurial train for a decade, here are some inspiring quotes to ring in your New Year with success and good fortune.

On Innovation

  • “Innovation is the difference between a LEADER and a follower.” 
    – Steve Jobs
  • “I never perfected an invention that I did not think about in terms of the service it might give others… I find out what the world needs, then I proceed to invent.”
    – Thomas Edison
  • “Logic will get you from A to B. Imagination will take you everywhere.” 
    – Albert Einstein


On Passion

  • “I day dreamed about want I wanted for motivation. I didn't lie to myself and talk about my passions and how if I was passionate enough about something I could be successful at it.” 
    – Mark Cuban
  • “Passion is energy.  Feel the power that comes form focusing on what you really want and what really excites you.”
    – Oprah Winfrey
  • “I can’t imagine a person becoming a success who doesn't give this game of life everything he’s got.”
    – Walter Cronkite


On Failing

  • “I have not failed. I’ve just found 10,000 ways that won’t work.” 
    – Thomas Edison
  • “I’m convinced that about half of what separates the successful entrepreneurs from the non-successful ones is pure perseverance.” 
    – Steve Jobs
  • “Show me a person who never made a mistake, and I will show you a person who never did anything.” – William Rosenberg
  • “If you fail let it be your fault – Don’t let someone else fail for you.” 
    — Joe Griffin (CEO of iAcquire)


On Motivation

  • “You can want success all you want, but to get it, you can’t falter. You can’t slip. You can’t sleep. One eye open, for real, and forever.” 
    — Jay-Z
  • “The only place where success comes before work is in the dictionary.” 
    — Vidal Sassoon
  • “If you ain’t making waves, you ain’t kick in hard enough.” 
    — Luke Hayes


On Relevance

  • “So often people are working hard at the wrong thing. Working on the right thing is probably more important than working hard.” 
    – Caterina Fake (Co-founder of Flickr)
  • “How you climb a mountain is more important than reaching the top.” 
    – YvonChouinard (Founder of Patagonia)
  • “I think when you move past your fear and you go after your dreams wholeheartedly, you become free. Know what I’m saying? Move past the fear.”
    — LL Cool J


On Excellence

  • “We are what we repeatedly do. Excellence, then, is not an act, but a habit.”
    – Aristotle
  • “Every day I get up and look through the Forbes list of the richest people in America. If I’m not there, I go to work.”
    – Robert Orben
  • “Sow a thought, reap an action; sow an action, reap a habit; sow a habit, reap a character; sow a character, reap a destiny.” 
    – Chinese Proverb


To your website and business success,
Web Marketing Strategy

Best Selling Author of Website Masterplan






Tips To Start A Brand New Year

Sure the festive season may leave you feeling relaxed, but it’s important to keep up your momentum and cash flow. 

The new year brings the opportunity and a fresh start to do things better.  To make sure that you enjoy greater success in 2014 than in any previous year, consider what it is you need to do right now?

What are your business priorities to start the year a fresh?

  • Do you have old or excess stock that you need to sell?
  • Have customers already spent all of their money?
  • Are there any systems that need to be improved?
  • Did you waste a lot of time on low priority tasks last year?
  • Are you feeling personally motivated and passionate?
  • Do you need a clear road map to achieve your targets?
  • Do you have a promotional calendar planned out? 
  • Were there any staff issues last year that you should fix?
  • Do you need to be more focussed on a specific niche?
  • Should you be researching and learning for insights?
  • As the leader, do you need to communicate more?
  • Do you need to be healthier and less stressed this year?

Let the new year be like a breath of fresh air. It does everyone the world of good.  So don't let this opportune time pass you by.


To your business and website success,
Web Marketing Strategy

Best Selling Author of Website Masterplan

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