Keywords; legal protection, protected, copyright, HTML code, original, copied, pre-existing source,law, copyright protection, copyright registration applicationcopyright notice symbol, copyright protection.
Copyright Answers
March 1998

J. Dianne Brinson is a copyright attorney specializing in intellectual property. Along with Mark F. Radcliffe, she is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at laderapres@aol.com


LEGAL PROTECTION FOR YOUR WEB SITE

Question: What sort of legal protection is available for Web site designs?

Answer: A Web site design -- like other works created by human "authors" -- is protected by copyright as long as it is "fixed" (recorded in HTML code or otherwise) and "original."

Material is "original" as long as it wasn't copied from some pre-existing source. The "originality" requirement is not difficult to satisfy; neither artistic merit nor novelty is required for a work to be "original."

Under current law, copyright protection arises automatically when an original work of authorship is "fixed." It is not necessary to file a copyright registration application in order to get copyright protection for a Web site design, nor is it necessary to use the copyright notice symbol on a Web site to get copyright protection.


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