A website often serves as the front door to a business, a first impression of what the business has to offer – especially for e-commerce where the whole shopping experience might begin and end on one page. Naturally, significant investment goes into website development to put the best commercial foot forward; and valuable intellectual property is created as a result. The question then becomes: how can I protect what I’ve built? As with most things legal, the answer is nuanced but important to dive into for anyone looking to safeguard their digital assets.
Understanding Copyright in the Context of Website Design
Copyright law is designed to protect original works of authorship, including literary, dramatic, musical, academic, scientific, and other intellectual works in a variety of media – including digital. This protection can extend to encompass website designs as well. However, it’s essential to understand what aspects of your website can be copyrighted.
What Can Be Copyrighted?
- Original Graphic Design Elements: This includes unique layouts, original templates, graphic styles, and artwork created specifically for your website.
- Written Content: Original text, including blog posts, product descriptions, and even the coding that forms part of the website’s structure.
- Photographs and Videos: Original visual content that you have created, such as vlogs, product feature videos, animations, visual guides, and more.
- Sound Recordings and Musical Compositions: Anything from ambient music to a podcast.
What Cannot Be Copyrighted?
- Functionality: The functionality of a website, such as its navigation or user interface, typically falls under patent law rather than copyright (but remember, you may still be able to copyright the code that brings your website to life).
- Generic or Commonplace Elements: Commonly used website templates or widely-used layouts that are basic or already in the public domain.
- Ideas and Concepts: General concepts or ideas behind your website.
The Process of Copyrighting Your Website Design
Common law copyright protection is automatic upon creation of the work in a tangible form. This means that as soon as you create a unique design element or write original content for your website, it is automatically protected under copyright law. However, registering your work with the U.S. Copyright Office provides additional legal benefits, including public records and a presumption of ownership, ability to file a lawsuit in federal court in the case of infringement, as well as statutory damages and attorney’s fees.
To register your copyright, you need to:
- Ensure Your Work is Original: Your design must be your own creation and not copied from other sources.
- Compile a Digital Copy of Your Work: These can be screenshots of your website, code files, or any other relevant material.
- Complete the Copyright Application: Applications are available through the U.S. Copyright Office’s website. You can apply on your own, but if you’re unfamiliar with copyright law or the examination process, the Copyright Office recommends seeking legal assistance.
- Pay the Required Fee: There’s a fee for registering, which varies depending on the nature of your work.
- Monitor Your Application: Once submitted, the examination process can take several months. You may be contacted by a Copyright Office representative with inquiries, requests for supporting evidence, or issues to resolve before registration can be obtained.
If You are Looking for Legal Guidance
At Daniel Ross and Associates, we understand the intricacies of copyright law and digital content. We can assist you in:
- Determining what aspects of your website can be copyrighted
- Guiding you through the registration process
- Providing legal advice on how to protect and enforce your copyrights
- Handling any disputes or infringements that arise
Your website is more than just a digital space; it’s a reflection of your creativity and hard work. Protecting it is not just a legal matter but a crucial aspect of maintaining your business’s reputation and value.
At Daniel Ross and Associates, we are committed to ensuring that your digital assets remains protected, both now and in the future as you grow. If you have questions or would like assistance with the copyright process, feel free to reach out to us by phone, email, or webform in our “Contact” section.
All the best,
