[Web4lib] website design copyright issues

Schlosser, Melanie Brynn mschloss at indiana.edu
Tue Feb 13 11:44:32 EST 2007



> With that said, my understanding (oh great collective wisdom correct me)
> is the code is copyrighted/copyrightable but the expression/display is
> not?  I think the "look" of a page might be trademarked/treademarkable
> but that is pure wild guesswork on my part.

All that's required for copyright protection is that you create 'an 
original work of authorship' that is 'fixed in any tangible medium of 
expression.' That potentially includes both the code and the design, or 
'look', of your site. The design is protected for the same reason 
artwork is copyright protected - it is a form of creative expression. 
The code is a little tricker. As noted before, there are a million 
websites out there with a standard 3-column CSS layout. In order to 
claim copyright on yours, you'd need to be able to show that it is 
creative and substantially different from the other ones out there.

If you use someone else's site as a guide while designing your own, it 
is good practice (and good manners!) to ask permission, or acknowledge 
their contribution. If they feel their copyright has been infringed, 
they can still take you to court. This is highly unlikely, however.

Melanie Schlosser
Indiana University





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