Is HTML Code Copyrighted?

[Margaret L. Christiansen]

Eric,

There was an extensive discussion on this recently on the netlawyers 
listserv.  It is my understanding that the code itself [i.e., <div 
align=right> </div>] cannot be copyrighted because it is code, something 
that is required to perform a specific desired function.  Code is 
apparently a specific copyright exception.  However, a page layout or 
design, which is the creative work of an author in putting pieces of code 
together in a specific order IS copyrighted.

My interpretation of this [and this is NOT legal advice] is that it is 
permissible to view source code on the work of another to learn how the 
code works so that you can apply it yourself.  In the same vein, it is not 
permissible to copy a portion of anyone else's page for use in your own. 
 The exceptions to this would be the standard copyright exceptions: 
permission or fair use.

Yours,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Margaret L. Christiansen, Esq.	Regent University Law Library
Assistant Director	 	1000 Regent University Drive
margchr at regent.edu		Virginia Beach, VA 23464
http://www.regent.edu/lawlib	(757)579-4463; Fax - 579-4451
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

-----Original Message-----
From:	Eric Schnell [SMTP:schnell.9 at osu.edu]
Sent:	Monday, April 27, 1998 3:59 PM

<snip>
   Much of the discussion regarding copyright and
the Internet has centered on content. However, little
has been discussed about the issue of copyright
and Web site design and layout.

   I have come across a few Web sites which prohibit
the alteration and use of the HTML code used to create
their site  (cnet.com), but to what extent is the HTML
code which creates the layout of a Web page copyrighted?
Are Web page layouts automatically covered by copyright?

  Given the norm of Web publishing is to reveal the source
code of a Web page and to create a new page around it,
do Web page authors in fact violate copyright in doing so?
Is the changing a few HTML codes for local use and adding
in new content actually creating a derivative work?