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Copyright for design?

         

malasorte

9:02 am on Sep 14, 2005 (gmt 0)

10+ Year Member



Hello,

I found a site and I like its design very much. Can I take the source of the site, modify it a little and use the design for my site? Ofcouse with little changes (logo etc.) I would use only the design, I have my own content. I don't think I would break any copyright just for imitating/using the design of one site.
Please answer. Thank you.

zulu_dude

11:50 am on Sep 14, 2005 (gmt 0)

10+ Year Member Top Contributors Of The Month



I don't think I would break any copyright just for imitating/using the design of one site.

Mmm, not sure if I agree with you. Although it all depends on how much of the site you are blatantly copying and how much original code/content/design you are adding.

From a common sense point of view, I don't have any problem with people admiring, for example, the colour scheme on a site and then using something similar on their own site. But I think totally copying the source code/images and modifying it slightly would be rather underhanded. Someone has probably paid a designer wads of cash to design the site... why should anyone and everyone be allowed to leech off their investment? This is not directed at you, it's merely a general statement :-)

From a legal point of view, I'm not a lawyer, but I would imagine that this would also constitute a derivative work. Therefore it would be covered by the original site creator's copyright and would mean that you would be violating copyright.

malasorte

1:48 pm on Sep 14, 2005 (gmt 0)

10+ Year Member



Thanks for the answer. It would be great if someone had a sure answer, I have read other threads on this issue and non gives a sure answer, just speculation. Anyway, common sense should tell that you cant hold coyright on the colors and table aligment of a site (design). I wonder how many of the 8,168,684,336 web pages that exist (google figure :) ) are similar/identical...?
Well I will use the design of that site...

zulu_dude

2:39 pm on Sep 14, 2005 (gmt 0)

10+ Year Member Top Contributors Of The Month



I think that part of the reason that you probably won't get a definitive answer could be that it's difficult to give a blanket-rule on an issue such as this.

There is a fine line between being inspired and influenced by a design and copying the design. The line would be different in every unique case.

I agree that a site can't copyright the colour scheme and table layout, but just be careful that you don't grab any of their images... that would be on the bad side of the line mentioned above :-)

malasorte

2:45 pm on Sep 14, 2005 (gmt 0)

10+ Year Member



Ofcourse I wont grab images, logos, and content. I will use just the site source.
I don't think dooing this could be a problem. I wonder if sending a e-mai to ask permision wold be a good idea. But I can already predict the answer... :)

PS: hmmm... a small grey bar could be counted as a copiright image? I need that from their site too.
Maybe I'm getting a little paranoid. Copyright for a gray bar would be weird...

zulu_dude

2:57 pm on Sep 14, 2005 (gmt 0)

10+ Year Member Top Contributors Of The Month



You raise an interesting point... if you can predict the answer from the site owner, should you be doing what they obviously don't want you to do? Although I suppose that what they don't want you to do and what you're legally allowed to do could be two very different things...

I agree, copyright over a small gray bar would be pretty weird, but it would still be a copyright. Assuming that there was some way of proving that it came from their site. A digital watermark perhaps?

Could you not just make the gray bar yourself, in photoshop or whatever?

stapel

3:56 pm on Sep 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



malasorte said:
...a small grey bar could be counted as a copiright image? I need that from their site too.

Why do you "need" the other site's images?

Your claim of necessity could lead one to conclude that you have no intention of using this other site's design as an "inspiration" for you own design, but that you actually intend to copy this other person's site whole, making only the changes necessary to present the other site as belonging to you (such as replacing his name, e-mail address, and copyright notice with yours).

If this potential conclusion is incorrect, then please clarify what you are planning on doing with this other site's files, that you "need" everything they've produced. Thank you.

Eliz.

malasorte

4:47 pm on Sep 14, 2005 (gmt 0)

10+ Year Member



Eliz you judge me to hard. I said I want to use only the source. I will not take any content, pictures, etc.
I will even make the gray bar myself. Exept for the similar design the two site will not have anything in comon. I rest my case here, thank you all for your answers.

malasorte

4:48 pm on Sep 14, 2005 (gmt 0)

10+ Year Member



I should have not used the word "need". English is my second language, I'm not yet very good at semanthics.

trialofmiles

4:59 pm on Sep 14, 2005 (gmt 0)

10+ Year Member



This topic has been discussed here before. For example,
[webmasterworld.com...]

The answer isn't clear in this situation. You might also want to read through the U.S. government's site for a better understanding of what can be copyrighted.
[copyright.gov...]

WHAT WORKS ARE PROTECTED?
...
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"

The answer may not be clear, but that won't stop somebody from issuing you a cease and desist letter for using their design. If they send the C&D to your host or ISP, then more than likely your host or ISP will tell you to take down the design. You can fight it obviously, but it may be more trouble than it's worth.

To avoid trouble like this, make sure your source and the end result design is unique enough so it's not an exact duplicate.

A lot of people don't like their designs being stolen because it dilutes the value of the original design.