Who owns the code, domain and accounts when an agency builds your website?

When an agency builds your website, you own the parts that are registered in your name and the parts your contract transfers to you in writing. The domain belongs to whoever is listed as its registrant, hosting and software accounts belong to whoever holds and pays for them, and copyright in custom code and design usually starts with its creator until a signed document assigns it. If none of that was settled on paper, the agency may legally own more of your website than you expect.

This is general information, not legal advice. Copyright rules differ by country, so have a lawyer read the contract if the website is important to your business.

Who owns the domain name?

The domain belongs to the registrant, the person or organisation named as the holder in the registrar's records. ICANN, which sets the rules for domains like .com and .org, calls this the Registered Name Holder. The registrant is the one with the rights that matter:

Under ICANN's Transfer Policy, the registrar must give the registrant the transfer code (the "AuthInfo" code) within five calendar days of a request. That code is what you need to move the domain to another registrar.
Under ICANN's Expired Registration Recovery Policy, renewal reminders go to the registrant, at least twice before expiry (roughly one month and one week before). If the registrant email belongs to the agency, you will not see those reminders.

So the question to ask is whose name and email are on the registration, and who can log in to the registrar account. Paying for the domain does not make you the registrant.

How do I check who holds my domain?

ICANN's free lookup tool shows the registrar and the expiry date for a domain. The owner's name and email are often shown as "REDACTED FOR PRIVACY", which ICANN policy allows. The reliable check is to log in to the registrar account yourself and read the registrant contact details. If you cannot log in, ask the agency for access.

What if the agency registered it in their own name?

Ask them to change the registrant to your business. Under the current Transfer Policy, after a change of registrant the registrar must lock the domain against moving to another registrar for 60 days, unless the registrant opted out of that lock before the change. That lock does not stop the site working. It only matters if you also plan to move registrars soon.

Who owns the hosting and platform accounts?

Hosting accounts, Webflow workspaces, Shopify stores and similar services belong to whoever holds the account. If the agency hosts your site inside its own account, the agency controls it, even if you pay the bill every month.

Platforms handle this in different ways. Webflow, for example, lets an agency transfer a site to the client's own workspace, and the site plan and connected custom domains move with it. Webflow also offers "client payments", where the site stays in the agency's workspace and the client pays the plan. That second setup is convenient, but the site is still in the agency's workspace, so write down how and when it will be transferred to you.

For WordPress, ask for the hosting account to be opened in your name with your card, and for the agency to be added as a user. Removing a user later is easier than recovering an account.

Who owns the code and design?

In India, section 17 of the Copyright Act, 1957 makes the author the first owner of copyright. Work made by an employee "under a contract of service" belongs to the employer unless they agree otherwise. An outside agency is not your employee, so that exception does not help you. Section 19 says an assignment of copyright is valid only if it is in writing and signed by the person assigning it (or their authorised agent), and that it must identify the work and state the rights assigned, the duration and the territory.

In the United States, the Copyright Office explains that a "work made for hire" is owned by the hiring party in two situations: work by an employee within the scope of employment, or certain listed types of commissioned work where both sides sign a written agreement saying so. A website built by an outside agency often falls outside those listed types, so a written assignment is the safer route. US law (17 U.S.C. § 204) also requires a transfer of copyright ownership to be in writing and signed.

In practice, the contract should contain a clause that assigns copyright in the custom design, code and content to you, usually once the final invoice is paid.

What parts of my website can I not own?

Some parts are licensed to you, and nobody can transfer ownership of them:

WordPress itself, themes and plugins. WordPress is released under the GPL (version 2 or later), and the WordPress project treats themes and plugins as derivative works under the same licence. You get the right to use, change and share the code. Paid plugins often also need a licence key for updates, so ask whose account the key is in.
Fonts and stock photos. These come with licences. Ask for the licence files or receipts, and make sure the licence covers your business, not the agency's.
Platform code. On Webflow, Wix or Shopify you rent the platform. You own your content and design, but the underlying software stays with the platform.
The agency's own reusable tools. Some agencies keep ownership of code they reuse across clients and give you a permanent licence to use it. That is reasonable if the contract says so clearly.

What about Google Analytics and Search Console?

These are separate accounts that often get missed. In Google Search Console, a verified owner has full control and can add or remove other users. Google notes that if all verified owners are removed, everyone else loses access after a grace period. Ask to be added as a verified owner of your Search Console property, and as an administrator on your analytics account, before launch.

What should the contract say?

Before you sign, check that the contract or statement of work covers:

The domain is registered with your business as registrant, in a registrar account you control.
Hosting and platform accounts are opened in your name, or transferred to you by a stated date.
Copyright in custom design, code and content is assigned to you by a signed document, and the contract says when that happens (for example, on final payment).
You receive the source files, design files, admin logins and licence details at handover.
Third-party items (themes, plugins, fonts, photos) are listed with their licences and whose account holds them.
The agency's reusable code, if any, is licensed to you permanently.
Analytics, Search Console, email and any other accounts are in your name or list you as owner.

Questions people also ask

Can an agency take my website down if I stop paying for maintenance?

If the site sits in the agency's hosting account or platform workspace, it can switch it off. Having the hosting and domain in your own name, with the agency added as a user, removes that risk.

Does paying the invoice mean I own the copyright?

Not automatically. In both India and the United States, a copyright transfer needs a signed written document. Payment is often the trigger the contract uses, but the written assignment is what transfers ownership.

Can I move my site to another developer later?

Yes, if you control the domain, the hosting and the files. A WordPress site can be copied to any host. A Webflow site can be transferred between workspaces. Webflow's code export is available on Workspace plans, but CMS content, e-commerce, forms and site search do not work in the exported code, so moving off Webflow usually means rebuilding those parts.

Who owns content I wrote and photos I supplied?

You do. Giving them to an agency to use on your site does not transfer your copyright, unless you sign something that says it does.