Copyright Infringement for Page Layout

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Copyright Infringement for Page Layout

dartman

2:28 am on Sep 2, 2007 (gmt 0)

Hi all -
Is it possible to get nailed for page layout issues (copyright infringement) when 2 competing sites do not have the same exact look and feel?

Is it possible to claim copyright (not including templates) to the manner in which a page is designed? I'm talking standard everyday web pages with no flash or anything overly unique.

Copyright Law 1-102(b) states: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Thanks for any remarks.
Rick

vincevincevince

3:05 am on Sep 2, 2007 (gmt 0)

In general, yes. If site B is built upon the creative work of site A then it is almost always infringing upon the copyright of the original designer.

buckworks

3:10 am on Sep 2, 2007 (gmt 0)

The layout would have to be something very distinctive for there to be a problem. You wouldn't be accused of copyright infringement just for having a two-column layout with a footer or something basic like that.

dartman

3:24 am on Sep 2, 2007 (gmt 0)

Thanks for the replies Vince and Buck.
I had a lawyer look at both home pages and his remark was there was nothing special about either and he didn't see any conflict. That's as far as we went for free.

I don't want to post the 2 sites but wonder if either or both of you would mind if I PM them to you so you could take a quick look and let me know what you think. Basically looking for some disinterested opinions on whether some type of copyright issue may exist.

Thanks.
Rick

dartman

3:27 am on Sep 2, 2007 (gmt 0)

Our site is a basic layout - top header followed by a 3 column body and then a center column of text with the prerequite links, adsense, payment accepted sort of stuff towards the bottom.

BigDave

3:54 am on Sep 2, 2007 (gmt 0)

It would be VERY hard (though not impossible) to win a copyright case based on site design as far as HTML is concerned. There are only so many ways to di things, and that limits the copyrightability. Where you are likely to get in trouble is if you copy any images.

Marcia

4:01 am on Sep 2, 2007 (gmt 0)

dartman, that is such an absolutely basic, standard layout that there are multiple CSS layouts for it out there at popular CSS sites (and in ebooks), free for taking and using with no strings attached.

dartman

4:18 am on Sep 2, 2007 (gmt 0)

Thanks for those replies Dave and Marcia.
For the record I hard coded every page of the full website using good old notepad. Call me old school for not using CSS to the full extent (sorry). Nothing was copied (text or images) from the other persons site. BTW - In the event anyone looks at my profile the homepage listed there is Not the site I'm talking about.

dartman

11:26 pm on Sep 2, 2007 (gmt 0)

To: vincevincevince
I had replied to your mail but not sure if you got it as I'm
showing nothing in sent mail. Tried it again just now, same deal.
Let me know if received. Thanks.

Marcia

11:45 pm on Sep 2, 2007 (gmt 0)

>showing nothing in sent mail

dartman, if you hit "send", it more than likely was sent; but if you're referring to stickymail, it won't save a copy of your sent mail unless you check it off to underneath the message before you hit send.

dartman

12:48 am on Sep 3, 2007 (gmt 0)

Thanks Marcia.
I did check the box to save a copy but sent mail shows -0-.
No worries. Hopefully Vince got the message.