Can I copyright a website design?

Yes, you can copyright a website design. Copyright law in California states that copyrightable works include "original works of authorship" such as websites, webpages, computer programs, or design elements used in the creation of a website. To secure copyright of a website design, you must register the website design with the United States Copyright Office. Once registered, the website design is eligible for protection under Section 106 of the Copyright Act. This protection includes the exclusive right to reproduce, distribute, publicly perform, publicly display, and make derivative works of the website design. The copyright of a website design lasts for the duration of the website creator’s life plus an additional 70 years. In addition to being registered with the United States Copyright Office, website designers should also use of a website Terms of Use and Privacy Policy to clearly define the terms under which the website may be used. If someone uses the website in a way that violates the Terms of Use or if they copy and use the site without permission, the copyright owner can take legal action. Keeping records of the website’s origin and development, such as dates, addresses, and emails can help strengthen a copyright claim. Finally, website designers should add a “Copyright Notice” to the website to alert any potential copyright violators and to affirm the website creator’s legal ownership of the website design. The Copyright Notice should include the name of the website’s owner, the year of creation, and the copyright symbol, i.e. © Name of Owner 2020.

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