Can you copyright website layouts?

don't know which forum to put this on

[shasan]

I'm going to be launching a site and I was just thinking. This is not very important, but I wanted to know if it was possible for someone to copyright a certain look and feel or layout of a website. I'm guessing no because it's kinda like copyrighting the way a house is built.

Just wondering if anyone has had any experience with this.

[BlueSky]

I don't think so. Apple and others have tried suing for the look and feel they created in their software and were unsuccessful. If someone steals your images or content though then you could go after him.

[Hawkgirl]

As far as I know you can't copyright layout, but I know in the U.S. you can patent user interface design. Not quite layout, but user interface can incorporate layout/steps.

So there is a chance for some protection out there - but not much. And developing that kind of intellectual property can be expensive and time consuming (you need a patent attorney, etc.).

[Jenstar]

If you use any images, they are protected by copyright (assuming they are yours).

I do know people have sent cease & desists to those who have copied their site layout (right down to the identical code) and had the "infringing" website change the layout due to this. But I don't believe it would stand up if the "infringer" took the C&D to a lawyer familiar with internet related law, or if it went to court.

[Hawkgirl]

Jenstar, you're right on the money - we did that at the company I used to work for and we were successful. The other company stole our layout (down to our exact interface, most of our copy and VERY similar images). Our CEO gave their CEO a friendly call - and they changed their design almost immediately.

I'm convinced that at least half of the time that things like content and images are stolen, they're done so without the consent of that company's upper management. Time and time again, when we've brought these type of things to the attention of the "higher-ups," we've gotten them resolved. In fact, I can only think of one case (out of maybe 10 or 12) that we weren't able to resolve it this way.

Lazy designers? Lazy writers? Lazy project managers? Who knows. But my experience points to these things being fairly simple to resolve, if you try.

[Jenstar]

Lazy designers? Lazy writers? Lazy project managers?

I think this is right on the money. This is one of the reasons that content and website template sites do such a brisk business.

In my experience with copyright infringers stealing from my own sites, it comes down to one thing... laziness. It is a lot of work to create a significant amount of content, or a great web design, and most people just assume they will never get caught because the web is so vast. They were just unlucky enough to steal from me, since I actively hunt out infringers, and have other members of my own community alert me to copycats on the loose ;)

Another factor aside from laziness is also quality. They can't design as well, or write as well, so they steal to impress the "higher-ups" within the company. That obviously backfires when you steal from Hawkgirl, too ;)

[shasan]

I couldn't imagine stealing content...that's like saying the competition is better than you... :P I'm way too competitive (and conceited) for that :)

Well, I guess there's not much I can do on the layout front except for looking at it as flattery.

thanks for all of yall's insights.

shasan.

[BlueSky]

It may be easy to resolve that way if the culprit is doing it for a company located in the same country or a close ally. Those who take it for personal sites or are located in certain countries often ignore such requests. You can try a DCMA for those with hosts in the US. Probably some of the other countries have similar laws requiring hosts to take action. Good luck in stopping someone who is say in Nigeria or some of the other neat places.

If someone takes and uses another site's actual html code, then that's part of what I refer to as content. That is copyrighted. I agree those who do this tend to be lazy. However, many web designers also get their ideas from other sites and will copy portions of a look without taking the code. In those cases, I believe it's fair game.