Protect Your Website With Copyright Registration
Copyright Registration for Websites
The first thing that comes to mind for many people when discussing the Copyright issues of websites are cases such as Napster and Grokster, where the website owner was found to have infringed on the Copyrights of others.[1] These cases, and many others like them, have made it clear that website owners should be careful not to publish any Copyrighted works without the author’s permission. But what about the website itself? Can a website gain Copyright protection? The answer is yes.
Copyright Essentials
Online works, including websites, can be protected under Copyright. In fact, most websites today already contain a Copyright disclaimer on the bottom of the site. Copyright protection is available to all original works of authorship fixed in a tangible medium.[2] This protection gives the author and/or Copyright owner the exclusive right to do and to give others the right to do various things with the Copyrighted work including, but not limited to, reproduction of the work, preparation of derivative works, copying the work, performing the work, and displaying the work.[3]
Although the author gains Copyright protection the moment their original work of authorship is placed in a tangible medium, the author cannot file a Copyright infringement claim in United States court without first registering the work with the Copyright office.[4] Registering the work with the Copyright office comes with many other important benefits as well, such as the ability to receive the remedies of payment of attorneys’ fees and statutory damages.[5] In order to register a work with the Copyright office, the author must submit a completed copyright application, nonreturnable deposit material, and a nonrefundable filing fee.
How to Register
While filing the Copyright application for a website may seem daunting, it is actually filled out in a very similar way to any other work. The author will likely need to use Form TX (literary work), Form PA (performing arts), or Form VA (visual arts) depending on the primary content of the website. When describing the work on the application, the applicant must be sure to avoid terms that refer to elements that are not protected by copyright or may be ambiguous, for example, “website,” “interface,” “format,” or “layout.” The content (text, artwork, graphic art, etc.), and other visual elements of the website can be protected, but an applicant cannot simply put “website” and assume that this will be an acceptable description. Also, the application should not include any previously registered works or those works which are in the public domain.
Deposit Material
The most confusing portion of the application for many applicants is most likely the requirement for deposit material, which is a copy or sample of the work. It is important to note that this material will not be returned. If applying online the applicant can upload a copy of the entire work. Multiple uploads are permitted, but this option is not recommended for extremely large works. Applicants also have the option of sending in a CD-ROM containing the entire work along with a hard copy of representative portions of the original work of authorship being registered (printout, audio-cassette, or videotape, as appropriate). The third option is to send in a nondigitial copy of the required work in its entirety including the portions that are original works of authorship, not on a CD-ROM, but on a printout, audiocassette, or videotape.
The Filing Fee
As of this date, the filing fee for a Copyright application is $35 for an online application and $85 for a paper application. This fee is nonrefundable.
Revisions and Additions
The registration of the Copyrighted work will only extend to the work as received in the Copyright Office and identified as the subject of the claim. Thus, if the website is updated or revised in any way the changes/additions will require the registration of revised or new material (exceptions exist if the website is a database, serial, or newsletter).
Work Made for Hire
It is important to note that in the case of a work made for hire, the copyright belongs to the employer. Thus, even if the employee created the website, the Copyright Office will consider the employer to be the author of the work. A personal website created by the employee outside of the scope of work and the scope of the work made for hire agreement will not belong to the employer. See Copyright Circular 9 for more information on this subject.[6]
International Protection
Websites can be easily accessed from around the world which leads to a large concern for website designers regarding protection of their Copyright outside of the United States. While obtaining a Copyright registration in the United States will not automatically grant a website protection in all other countries, the United States is a member of organizations and treaties that provide protection to United States Copyright owners in other countries. See Copyright Circular 38A for more information on this subject.[7]
For more detailed information on registering websites with the United States Copyright Office please visit:
The United States Copyright Office Website: www.copyright.gov
Copyright Basics: http://copyright.gov/circs/circ01.pdf
Copyright Registration for Online Works: http://copyright.gov/circs/circ66.pdf
Copyright Office Fees: http://copyright.gov/fls/sl04.pdf
[1] See A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013, 57 U.S.P.Q.2d 1729 (Apr. 3, 2001); Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 75 U.S.P.Q.2d 1001 (2005).
[2] 17 U.S.C. § 102.
[3] 17 U.S.C. § 106.
[4] 17 U.S.C. § 411.
[5] 17 U.S.C. § 412.
[6]Available at http://copyright.gov/circs/circ09.pdf
[7] Available at http://copyright.gov/circs/circ38a.pdf