Jonny Ross Fractional CMO

#123 Who Owns Your Website? Understanding IP, Emotional Branding & Smart Website Tweaks


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In this episode of the 90-Day Website Mastery Podcast, Jonny Ross and Pascal Fintoni tackle a critical question that could save your business thousands: Who actually owns your website after it's built? The discussion reveals the shocking truth about intellectual property rights in web design projects and provides a clear framework for protecting your business interests.

The episode also explores why the "Ostrich Effect" is destroying brand loyalty during tough economic times, examining research from System1's Jon Evans that exposes two dangerous marketing trends plaguing businesses today.

Finally, Jonny and Pascal share powerful automation tools, creative design resources, and actionable website improvements you can implement immediately.

If you're a business owner, marketing director, or anyone responsible for commissioning website projects, this episode could prevent costly mistakes and protect your digital assets.

πŸ€” Who Actually Owns My Website After It's Built?

The surprising truth: Design agencies often retain intellectual property rights unless specifically negotiated otherwise.

  • This is not a legal right β€” it's a contractual arrangement that can be changed
  • Key areas to clarify: custom code, design elements, stock images, plugins, and data ownership

What to do: Have an upfront conversation about IP ownership and negotiate licensing agreements

  • Ensure you get perpetual licenses for any proprietary solutions the agency wants to retain
  • Always verify that stock imagery and video licenses are properly transferred to your business
  • Red flag: Never sign contracts without understanding exactly what you're buying vs. what you're licensing

πŸ“ˆ Why the "Ostrich Effect" is Killing Your Brand During Tough Times

Based on Jon Evans' research from System1 and insights from behavioral experts Roy Sutherland and Scott Galloway:

Two dangerous trends businesses fall into during economic uncertainty:

  1. Cutting marketing budgets when times get tough
  2. Switching to dull, rational, performance-driven campaigns that bore consumers

The Ostrich Effect: When people encounter guilt-inducing or distressing marketing, they metaphorically "bury their heads in the sand"

The solution: Create content that generates positive emotions, hope, and connection

  • Key elements for effective marketing: Dialogue, music, storytelling, real people, and strong sense of place
  • Opportunity during downturns: Media costs are often lower, giving you higher share of voice
  • Roy Sutherland's advice: Ring-fence 10-15% of budget for testing and experimentation
  • Remember: Emotions drive profit β€” boring, neutral content achieves nothing

πŸ› οΈ Powerful Tools for Website Managers and Content Creators

Bardeen.ai (Jonny's pick):

  • AI-powered workflow automation tool that works within your browser
  • Key features: Right-click to send tables to Google Sheets, automate keyword rank checking, bulk content uploads
  • Perfect for eliminating repetitive tasks and speeding up data management
  • Think of it as: Advanced keyboard shortcuts for your entire workflow


Canva Vertical Video Templates (Pascal's pick):

  • Recently refreshed and significantly improved social media templates
  • Perfect for: Creating professional reels, stories, and LinkedIn video content
  • Pro tip: Repurpose your social media videos into longer website stories
  • Addresses the common problem of spending more time on social media than website content

⚑ Immediate Website Actions You Should Take Right Now

Jonny's Call to Action β€” Cookie Consent Banner Optimisation:

  • Critical requirement: Essential for Google Ads and Bing Ads compliance
  • The challenge: Make it compliant without being too intrusive
  • Creative opportunity: Brand your banner with your colors, personality, and clever copy
  • Goal: Get users to click "Allow" to maximise your analytics data
  • Move beyond standard compliance wording to tell your brand story

Pascal's Call to Action β€” Establish Your AI Summary Baseline:

  • Action required: Search for your business name and key employees across:
  • Search engines: Google, Bing, Yahoo, DuckDuckGo
  • AI platforms: ChatGPT, Perplexity, Copilot, Meta AI, Claude
  • Document everything: Record what AI summaries currently say about your business
  • Why this matters: AI summaries are becoming the new first impression for your brand
  • Next phase: Use this baseline to strategically improve how AI platforms represent your business

Key Insights and Messages
  1. Always clarify IP ownership before starting any website project
  2. Don't cut marketing during tough times β€” it's your biggest opportunity
  3. Create emotional connections rather than boring, rational content
  4. Automate repetitive tasks to focus on creative, strategic work
  5. Monitor your AI presence across all major platforms
  6. Make compliance creative β€” even cookie banners can reflect your brand personality

πŸ”‘ Key Takeaways β€” What You’ll Learn (with timestamps)

02:15 – You Ask, We Answer: IP ownership question from client

03:20 – The surprising truth about website IP retention by agencies

05:40 – What does IP ownership actually cover? Code, images, and data

07:25 – How to negotiate licensing agreements and future-proof your project

09:10 – Website Stories: Why the Ostrich Effect is killing your brand

11:30 – Two dangerous trends: Budget cuts and boring advertising

13:45 – The behavioural science behind consumer avoidance

15:20 – Creating positive emotions vs. guilt-inducing marketing

17:10 – Rory Sutherland's insights on standing out during tough times

19:35 – Website Engine Room: Bardeen.ai workflow automation

21:20 – Pascal's pick: Canva's impressive vertical video templates

23:15 – Repurposing social media content for your website

24:40 – Website Call to Action: Cookie consent banner optimisation

26:10 – Pascal's challenge: Establishing your AI summary baseline

28:30 – Searching across major AI platforms for your brand

30:15 – Episode recap and key takeaways

πŸ”Ž SEO Keywords & Tags:

intellectual property web design, website ownership rights, IP licensing agreements, cookie consent banner optimisation, ostrich effect marketing, emotional branding strategies, workflow automation tools, vertical video templates, website compliance requirements, behavioural marketing psychology, content repurposing strategies, search engine AI platforms

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πŸ‘‰ Subscribe to the 90-Day Website Mastery Podcast for more expert insights on SEO, content marketing, and website growth.

πŸ‘‰ Leave us a review β€” your feedback helps others discover the show!

πŸ‘‰ Book a discovery call: 90daymarketingmastery.com

πŸ‘‰ check our book "WebProud" on Amazon for more website mastery strategies

πŸ‘‰ Connect with us on LinkedIn:

  • Jonny Ross
  • Pascal Fintoni

About the Hosts

Jonny Ross is a leading digital marketing consultant and SEO strategist with decades of experience helping businesses transform their online presence.

Pascal Fintoni is a digital skills trainer and video marketing expert, known for making complex tech topics accessible and actionable.

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Jonny Ross Fractional CMOBy Jonny Ross

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