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Copying websites

Is it legal?

         

mraymus

10:55 pm on Aug 17, 2004 (gmt 0)

10+ Year Member



I know that most of the discussions out here are put in by those who have had their websites copied. I'm a beginner website guy (developer would be a huge stretch) and trying to create websites from scratch in Frontpage is a pain, plus the websites look like crap. None of them have these newer cool looks (centered websites with rounded edges and awesome graphics and colors). So I started looking around and different websites I liked and then downloaded a website harvester and grabbed a site! It was too easy! Now I have this cool background template that I can use to create websites with!

Then I started thinking about copryright infringement or whether I could get in trouble for doing this. Why are there internet harvesters if this is illegal?

So, is it illegal to do something like this? If yes, then what is legal to do, short of using an application to create my websites or hacking through html code? If no, what all is one allowed to do when doing something like this? All websites these days have copyright text on them. How do you tell which ones are real and which ones are just there because that's the thing to do?

Thanks in advance for any suggestions or ideas. I'll be glad to take criticisms as long as they don't get personal. :-)

Matt

chrisnrae

11:03 pm on Aug 17, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I rarely get all moral, but stealing websites from others is plain wrong. You may get away with it for a while, but if you keep biting blindly, eventually you are gonna bite one big dog who is going to bite back, and hard. If you want to know if it's legal, I suggest you do some researching in lawbooks yourself. At least put forth *some* of your own effort.

mraymus

11:40 pm on Aug 17, 2004 (gmt 0)

10+ Year Member



I'm here because I am being moral. Hello? I want to find out how this is typically done. I'm not trying to be lazy, but I can't seem to figure out how to make great looking websites short of downloading great looking websites and using them as templates. I guess I didn't ask the implied questions which are, what apps make the best looking websites?

I guess I got frustrated when all I could make was crap from Frontpage and then I found great looking website and I asked the owner how he made the website and he said, "I used Frontpage!" I couldn't believe it. I assumed that Frontpage was crap for making websites. So, I downloaded his site to try and figure out how he did it, deleted all his content and ended up with a bare-bones framework to work with. I haven't started using it yet, I've just been looking at it. After I looked at it for a while, I started asking myself questions about honesty and then I found this place to post.

So, am I morally responsible? I think so. I haven't published a single website that I've copied (I think I've copied two for ideas so far).

Matt

HughMungus

12:01 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I think you can take the layout, color scheme, etc. You probably can't take any images (including background images) and definitely can't take any text.

hannamyluv

12:14 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Looking at code and learning is how just about everyone has done it. Is it illegal to do so? No.

Where the line is drawn is how you use the code. Have I looked at sites that I thought were great? Of course, who hasn't. I always look at code I think is very nice or very stupid.

The line is drawn at improving the code. You can't just take code wholesale, and besides, I have never seen a site where the code could not be improved upon. It's kind of like the game solitaire. The person looking over the shoulder always sees a better way.

If you look at a code and can't think of a way to change and improve it, you have no business using the code in the first place. Ethically, b/c you didn't make it your own. Logically, b/c if something goes wrong, you are screwed.

grandpa

12:17 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



>>Then I started thinking about copryright infringement or whether I could get in trouble for doing this.

Yes, you can.

>>Why are there internet harvesters if this is illegal?

For the same reason porn exists on the internet. Someone will always be around willing to use the product. Building a harvester may be perfectly legal, using one may cross the line.

>>So, is it illegal to do something like this? If yes, then what is legal to do, short of using an application to create my websites or hacking through html code?

I got my hands on a lot of others people source code, way back in the beginning. I didn't use their code, I studied the code and cobbled together my own page. I was all I could do at the time, and I for one would not begrudge anyone the opportunity to do the same. But, if I find my page on your site, we're talking about something else.

>> All websites these days have copyright text on them. How do you tell which ones are real and which ones are just there because that's the thing to do?

Any copyright notice is real, and should be considered as such. Copyright does not need to be a formal process, although that process does provide one with additional protections. When I put Copyright 2004 on my page, believe me. I can, and will, prevent abuse of my work.

</soapbox>
Learning to build your site can be a lot of things, from inspiring to aggravating. If you are new, thank your lucky stars that you've found this forum, there's more here than you might imagine. Continuing to ask questions and reading thru the libraries and forum threads will help you develop the skills to build and maintain a first rate site.

Get rid of FrontPage. It blows, you already found that out, and using it any longer won't help. Before long you will probably be adept enough at html to use a plain text editor, I suspect many of us here use one. There are some really fancy html editors too... I tried one and still prefer the text editor.

Look around for a good reference book. I never used one (the one I have is really crappy and not worth opening), instead referring to the W3C site, asking questions here, or looking at other folks solutions.

Best wishes to your future endeavors.

rogerd

12:21 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



Personally, I love looking a other websites for inspiration. If I see something I like, I'll often look at the HTML or CSS to see how they did it. There's certainly nothing wrong with this, and the web is a richer place for this kind of learning.

Wholesale copying of code is another matter. For a simple table layout, it might be hard to prove. If you copy a site with complex coding or detailed style sheets, though, you are potentially creating a problem for yourself. The line between using an idea and copying enough code to create a copyright violation may not always be well-defined, but I'd avoid anything that would cause a designer to say, "Hey! That @&^%$# ripped off my site!" :)

ogletree

11:10 pm on Aug 17, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



It is not illegal to download a site. You may get in trouble if you copy a site completly. If you change it up a little there is not much they can do. I have a site that looks just like CNN I mean exactly and have never had any problems. Rename the image files to be safe.

mraymus

12:30 am on Aug 18, 2004 (gmt 0)

10+ Year Member



Thanks for all the great responses. I knew I would be attacked which is why I tried to be as up front an honest as I could. I appreciate the comments and will use them in my continual process of learning. I'm really more of a website babysitter right now, rather than a developer. I maintain a couple of sites for content (creating new pages from old ones) but I've never really created a site from scratch although I've read plenty of books and been to a course or two. I thought that getting better apps would help (Adobe, Macromedia, etc.) but in the end I feel like I'm making websites from the 80s and 90s rather than the tripped out websites you see today. All I want to do is create a little 1 page website (okay, maybe 2) that advertises an idea I have, a company, you could say, and then start using google ads to push people to it. I want to have people come to me to get their marketing done. And yet, if people look at my website and say, "You've gotta be kidding. We're going to trust our marketing with this guy? He can't even build a decent website!" I'm screwed.

Anyway, thanks again for the comments. I'd still love to have more if you feel you'd like to give me more. I'll look around some more as well.

Matt

BigDave

12:40 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Why are there internet harvesters if this is illegal?

Because they do not republish the site. Republishing copyrighted information is what *you* would be doing.

As others have said, look at the code and learn from it. You like that cool curved box around the page? Then look at how they do it.

Don't ever copy something that you do not understand what it is doing. And once you understand what it is doing, then you no longer have any reason to "copy" it.

You should also become familiar with many of the free clip-art sites out there. Don't go crazy with them, but use them when you feel the need. You should be able to find plenty of line-art images to make whatever fancy box that you want.

You can also just go ahead and write to the webmaster of a site that you like, and ask for permission to use a specific element, or even use their html code as a template. Most people are not that wound up about their HTML, they care a lot more about their content. But if they say "no", you should respect their decision with no hard feelings.

As for the best WYSIWYG tool on windoze, I would recommend dreamweaver. But you will never get to having an incredible site without learning the HTML, CSS and image editing tools. None of them are all that hard to learn, as long as you are willing to accept that it isn't that hard. If you decide that it is hard, then it will be. Personally, anything beyond a simple page where I am just plugging in a few things, I will use VI and hand-edit the code.

kevinpate

12:53 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You could hire someone of course, whether the neighbor's nephew who knows his way around a WYSIWYG proggie, or someone who feeds his/her children from their own spectacular efforts and talents.

There are also a passle of places that will sell you 1, 2, even 200 different pre-made templates for the sites you want to build. The quality of the templates vary greatly of course, but you'll likely find one you like.

Simplyput, there are many trails open from which you may choose. Some traverse smelly bogs. Others provide many breath taking vistas. Choose wisely, and good luck to you.

buckworks

12:55 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



I thought that getting better apps would help

You could give me a piece of charcoal exactly like Rembrandt used to sketch with, but that wouldn't turn me into an artist.

When it comes to matters of design and aesthetics, your own know-how matters more than the tools you use. Study other people's code when you come across things you like, but remember that cloning someone else's work (even if you get away with it) won't get you as far in the long run as developing your own style and skills.

Look around this board for some discussions on how well ugly sites can sell.

5stars

1:02 am on Aug 18, 2004 (gmt 0)

10+ Year Member




I can say in my learning days I am guilty of studying other sites code and grabbing snipits here and there.

That's pretty common, probably more common then not. I would definitely not copy a site, but rather gather some ideas from several sites you like and build your own.

On the other hand... you might work smart not harder and hire someone to bring your aspirations to light. Elance is a great place to find REASONABLE designers and they work fast and cheap. You could be surfing your brand new site in a week or two. I couldn’t do without them.

peterdaly

1:06 am on Aug 18, 2004 (gmt 0)

10+ Year Member



Anything anyone writes, unless stated otherwise, is automatically protected by copyright. They don't even need tp have the (c) symbol, or the word copyright. Anyone can add Copyright 2004 to something they write and publish. Adding the copyright tagline to a piece of work makes it much easier to enforce an enfringment case, I believe because it shows the copier had to have known they did not have rights to use the work.

That being said, I don't really know much about the topic other than what I just stated, and am by no means an attorney.

BigDave

2:17 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Anything anyone writes, unless stated otherwise, is automatically protected by copyright.

Not quite true. While you are correct that works are now automatically copyrighted, the work actually has to be copyrightable.

And, as HTML would most likely qualify as computer code instead of literature, there are many additional issues such as efficiency to deal with. If there are only a few efficient ways to "do something", especially when given the constraints of the language, then that code snippet is not copyrightable.

In some areas, such as the device driver in the OS that connects an API to hardware, you would probably need almost 100% copying to win an infringement case. In fact, you receive more protection by writing bad code than you would by writing the best possible code.

With HTML and CSS, you probably aren't going to be able to claim any specific code elements as being under copyright. It is the unique way the the whole page is put together where you will receive the most coverage. Try claiming a specific <table> arrangement or CSS definition and you will lose on efficiency.

Now if you have unique class IDs that are descriptive of only your site, it would greatly increase your odds of winning an infringement action.

But like I said before, I suspect that most webmasters could care less if you copy a bit of their HTML, they care about their content.

chrisnrae

2:25 am on Aug 18, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Just wanted to note that my response was not about using other sites to get ideas from, studying others codes to learn the process etc. My statement came from: "website harvester" - which implies to me that there is no attempt to learn or study - but rather an attempt to mass download sites off the net. Just figured I would be a little more clear in what I meant by "stealing websites". Studying them, downloading a source file, et al in my opinion is something entirely different from harvesting them in mass quantities.

lisabe

11:02 pm on Aug 19, 2004 (gmt 0)



mraymus,

Sounds like from your description of what you like about the sites you are harvesting is the graphics.

I would recommend Photoshop & Adobe Illustrator. Get yourself a good book about creating web graphics and try some tutorials. Once you understand what is actually happening on those pages, piece by piece, you won't need to steal them.

I started on Frontpage, too, by the way. I was never happier than when I left it behind. I find Macromedia's Dreamweaver much easier to work with and it plays nicely with other programs when you are ready to dig in a little deeper.

Good luck. And some advice: Never ask a group of people who make their bread and butter from a certain skill set if it bothers them when someone steals their hard work.

yowza

11:43 pm on Aug 19, 2004 (gmt 0)

10+ Year Member



I imagine most people's websites have bits and pieces that are "stolen" from other websites, whether intentional or not.

Whenever I need inspiration, I browse the web and find at least three websites that I like. I then emulate those parts of the websites that I like. Usually, when I put the mixed websites together they don't gel like I want them to, so I make adjustments as needed. In the end I usually end up with a totally unique website without stealing anybody's work. I'm not a designer, but I make decent looking websites. Every once in a while I put together one that looks really good. For me, I find that the more time I put into the design the better it looks (usually). I may be slow, but to get a good design, it usually takes me about 8 - 30 hours depending on mood, inspiration, etc.

One of the basics of a good website is color scheme. I use this tool to get the color scheme www.pixy.cz/apps/barvy/index-en.html (I hope that is ok mods, I found it in another thread on WW).

yosemite

3:08 am on Aug 20, 2004 (gmt 0)

10+ Year Member



A lot of good advice here.

Scrutinizing others' sites and figuring out why and how they do things is fine—just don't copy the whole thing. In time, your skills will improve and you will be able to make a nice site on your own. :)

Some of the posts on this thread remind me of comments I hear from some new or "wannabe" artists. Some of them want shortcuts. "I'm not that good! It's too hard to be a good artist! So I'll just trace this photo instead of learning how to draw—learning how to draw takes too long and it's too hard for me!" They often make these complaints to people who have learned how to draw, and did so without complaining about how "hard" it was. And so obviously, such complaints don't go over well. Boo hoo hoo. Cry me a river. So it is hard at first. Tell us something we don't know! ;)

And the same thing applies here. Just because it's "hard" for you, it doesn't mean that it's okay to swipe from someone else. (I know that you know that now.) It's always "hard" in the beginning, but it gets easier after you work at it for a little bit.

If something is worth doing, it's worth doing right. And if you want to have a attractive website, you're going to have to put in the effort to learn how to do it yourself, or else pay someone else to do it for you.

Now, I know that you are not saying that you never want to learn how to get better, and I know you are trying to do what is right. I assume that you realize that in order to make something attractive, you will have to put in some personal effort.

too much information

3:50 am on Aug 20, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I have seen sites that were ripped off almost exactly. I have also seen how upset people get when they find a rip of their site. Legal or not it's just not cool at all.

Really... this stuff is not that hard. If you really want to build and maintain a web site you need to learn this stuff anyway. So head to your local book store and get something to help you learn the code.

I can understand getting ideas from other sites, but if you can't come up with a site that is unique and that makes you stand out from your competition then you might as well not even bother with the web.

Don't take it personally though, I tought myself and I have helped a few friends get started that I was sure would give up. So I have a hard time believing that you can't learn how to create a site on your own.

mraymus

4:06 pm on Aug 20, 2004 (gmt 0)

10+ Year Member



Okay. I think I've been lashed enough times now. :-) Thanks for all the responses. I honestly didn't know that I would be posting to a bunch of people who make their living designing websites or I might have posed my question a little differently.

So, what is the process that most people go through when designing a website? For example, I've heard of some people putting things together in Print Shop and then cutting it up into pieces (so people likee me can't grab it very well) and turning it into a website. There are others who just start writing html code. I'd love to learn from the best. Sometimes it's hard to know where to start.

If this question belongs in a different forum, let me know and I'll go there.

Matt

HughMungus

4:09 pm on Aug 20, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You can't just take code wholesale

Got a link to the case law on this?

HughMungus

4:13 pm on Aug 20, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sometimes it's hard to know where to start.

The only way to start IS to just start.

mraymus

4:21 pm on Aug 20, 2004 (gmt 0)

10+ Year Member



So, is there a place on this site where people share code and review pages and provide feedback? Or is that outside the scope of these forums?

Matt

HughMungus

4:24 pm on Aug 20, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



So, is there a place on this site where people share code and review pages and provide feedback? Or is that outside the scope of these forums?

Not on this site, no. There are others but you can't mention them here.

Shannon Moore

4:48 pm on Aug 22, 2004 (gmt 0)

10+ Year Member



If you copy someone else's website, graphics or content don't be surprised to find yourself publicly humiliated on pirated-sites.com at best, and slapped with a cease & desist order and potential lawsuit at worst.

Learning takes work in any field. A bricklayer doesn't carve off a piece of someone else's finished work and try to pass it off as his own. Why would you want to do the equivalent of that online?

Like others have said, there's nothing wrong with looking at wonderful sites and seeing how they pulled it off in their HTML/XHTML markup, their CSS and so forth. Indeed, it's how most of us learned and continue to learn.

There are some good online communities geared towards, at least in part, letting web developers and designers post their work for critique. Here's more than you're probably ready to start following daily:

[google.com...]

Marshall

6:02 pm on Aug 22, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I have filed copyrights to designs on several occasions and all I put into the line that asks "nature of work" is "web site design." However, as with all legal matters, the term "web site design" is subjective and can easily be regulated by court rulings.

From speaking with people at the Library of Congress who are responsible for copyrights, it is my understanding that common code which would fall under the classification as "public domain" like classical recordings do, is not subject to copyright. You could say it is similar to using the same brand of paint another painter uses. The paint isn't copyrighted (except by the manufacturer), but how the paint is used is.

In short, graphics, color, appearance, layout, text, and similar items are protected. The fact you may embed tables or lay them top to bottom, or use CSS, or roll-over effects, or a drop-down menu, is not protected. However, if you have written specific code to make your site functional, that is protected.

As for when is a work copyrighted, it is when it is created, published or not. If the work is already published, the publication date has to be included with the copyright application. Either way, to ensure that you retain all rights, you should file for a copyright. The mere fact a work exists does not guarantee you will be protected in court, should it come to that.