Website Layout Copyright
Discussion
Hi all,
I have for the last week or so been designing and building a website.
The aim of the website is brochureware for a commercial enterprise.
Having viewed various websites I settled on one that I liked for some design inspiration.
My question is this:
If I havent copied any of their code (just sort of replicated it, using my own code from their physical design) and I havent used any of their images/collateral or fonts (though due to the nature of the web some are the same) and we operate in entirely different industries am I liable to be pulled up for breach of copyright or similar?
Can one copyright a layout?
Any views much appreciated.
Ta.
>> Edited by Plotloss on Tuesday 24th January 13:23
I have for the last week or so been designing and building a website.
The aim of the website is brochureware for a commercial enterprise.
Having viewed various websites I settled on one that I liked for some design inspiration.
My question is this:
If I havent copied any of their code (just sort of replicated it, using my own code from their physical design) and I havent used any of their images/collateral or fonts (though due to the nature of the web some are the same) and we operate in entirely different industries am I liable to be pulled up for breach of copyright or similar?
Can one copyright a layout?
Any views much appreciated.
Ta.
>> Edited by Plotloss on Tuesday 24th January 13:23
Personally I think the chances of designing a truly unique website are pretty damn slim. There's bound to be someone out there with something virtually identical. If the site is operating in the same sector or delivering the same basic content, then it's a slightly more grey area and I would say it depends on the propensity of the original site owner to take things further. For example, my old boss would make a point of sending out "breach of copyright" nonsense simply because he enjoyed winding people up.
Take the PH homepage as an example. How many ways are there of delivering a logo, some top and left nav, some advertising and some groups of content? I would say it would have to be an absolutely blatant rip off - to the extent of same colours, same fonts, same nav, same positioning of content etc - for anyone to seriously consider doing anything about it.
Take the PH homepage as an example. How many ways are there of delivering a logo, some top and left nav, some advertising and some groups of content? I would say it would have to be an absolutely blatant rip off - to the extent of same colours, same fonts, same nav, same positioning of content etc - for anyone to seriously consider doing anything about it.
Hard to say really without seeing examples, but unless it's a blatent rip-off where all you've done is change the names and are attempting a bit of 'passing off' then you should be in the clear.
All designers use other's work as inspiration and reference, so this is no different.
Have you at least changed the colours?
All designers use other's work as inspiration and reference, so this is no different.
Have you at least changed the colours?
Colour is a tricky one.
The basic background and line colour for the breakup is the same.
My logo and corporate identity however are entirely different colours to theirs.
It literally is just the layout (single line div borders, logo position and background image location) thats similar, the content and logos are all entirely different.
They do both look very similar if you look at them next to each other but I've not taken anything from them other than inspiration. I'm not trying to trade on the back of their identity and we have absolutely nothing in common.
What I dont want to do however is go live with a website and then have to change it all due to a cease and desist winging its way through the post...
The basic background and line colour for the breakup is the same.
My logo and corporate identity however are entirely different colours to theirs.
It literally is just the layout (single line div borders, logo position and background image location) thats similar, the content and logos are all entirely different.
They do both look very similar if you look at them next to each other but I've not taken anything from them other than inspiration. I'm not trying to trade on the back of their identity and we have absolutely nothing in common.
What I dont want to do however is go live with a website and then have to change it all due to a cease and desist winging its way through the post...
Unless the website is question is in the same market space and potentially likely to poach business by "passing off", I doubt if you have much to worry about. I'm suspecting though that, if you think there's a chance that this other company would notice, then there IS some commonality of market? Or are you just being totally paranoid?
The degree to which they come after you may also depend upon the importance of colour and/or website layout for their brand or business.
For example, a nice Cadbury's purple theme might get you into trouble (as might an Orange/easyGroup orange theme).
I suspect in your case it is unlikely.
>> Edited by jeremyc on Tuesday 24th January 13:53
For example, a nice Cadbury's purple theme might get you into trouble (as might an Orange/easyGroup orange theme).
I suspect in your case it is unlikely.
>> Edited by jeremyc on Tuesday 24th January 13:53
I understood patents could only be applied to processes and inventions. A website is simply an arrangement of type, colour and images - the only conceivable processes would be in any scripting, server or client-side, that addded functionality. Certainly, it could fall under copyright law, but I very much doubt patents would apply in this case.
Matt, drop me an e-mail if you want a professional opinion design-wise
Matt, drop me an e-mail if you want a professional opinion design-wise
judas said:
I understood patents could only be applied to processes and inventions. A website is simply an arrangement of type, colour and images - the only conceivable processes would be in any scripting, server or client-side, that addded functionality. Certainly, it could fall under copyright law, but I very much doubt patents would apply in this case.
Matt, drop me an e-mail if you want a professional opinion design-wise
Your probably right, perhaps a layout could be protected by trademarks ?
A trade mark is a sign capable of being graphically represented which distinguishes the goos or services of the trademark owner from another. Hisotrically registered trade marks have been words, pictures and logos e.g. the Bass Brewery own the first UK registered trade mark IIRC. In more recent times (since the introduction of the Trade Marks Act 1994) trade marks as diverse as the shape of the "Pammy" Virgin cola bottle, the smell of cut grass (scientific formula for the chemical) and music tunes have been trade marked.
A website layout is unlikely to be registrable per se, although companies like Easyjet are famously litigous in respect of oany one trying to use the same, well renowned "get up" (It is possible to sue under the law of "passing off" in respect of unregistered trade marks).
However, copyright will subsist in the images, drawings and underlying programming code within a website. Copyright is meant to protect "intellectual effort" and therefore short lines of codes etc are unlikely to be copyright protected, even if the owner can prove you've copied it from their website. Lifting substantial chunks of code (and this is a qualititive rather than quantitive test. There's a famous case where someone was sued for lifting jus tthe opening bars of the "Colonel Bogey" tune) could land you in hot water, legally speaking.
As for patents, it is possible to get software patents, particularly in the US, but only where the software has a technical process result. I don't dabble with patents (I'm an IT/commercial lawyer who also deals with "soft" IPR), its probably the most complex area of IP, but patent protection would only apply to the underlying code rather than the website layout. Amazon's "one click" payment system is an example of a patented process which has been used in legal action to prevent competitors' use. Here in the UK, the Patent Office takes a more strict view of software patent applications and consequently there are far less UK software patents than in the US.
>> Edited by Craig Armstrong on Tuesday 24th January 16:21
>> Edited by Craig Armstrong on Tuesday 24th January 16:26
A website layout is unlikely to be registrable per se, although companies like Easyjet are famously litigous in respect of oany one trying to use the same, well renowned "get up" (It is possible to sue under the law of "passing off" in respect of unregistered trade marks).
However, copyright will subsist in the images, drawings and underlying programming code within a website. Copyright is meant to protect "intellectual effort" and therefore short lines of codes etc are unlikely to be copyright protected, even if the owner can prove you've copied it from their website. Lifting substantial chunks of code (and this is a qualititive rather than quantitive test. There's a famous case where someone was sued for lifting jus tthe opening bars of the "Colonel Bogey" tune) could land you in hot water, legally speaking.
As for patents, it is possible to get software patents, particularly in the US, but only where the software has a technical process result. I don't dabble with patents (I'm an IT/commercial lawyer who also deals with "soft" IPR), its probably the most complex area of IP, but patent protection would only apply to the underlying code rather than the website layout. Amazon's "one click" payment system is an example of a patented process which has been used in legal action to prevent competitors' use. Here in the UK, the Patent Office takes a more strict view of software patent applications and consequently there are far less UK software patents than in the US.
>> Edited by Craig Armstrong on Tuesday 24th January 16:21
>> Edited by Craig Armstrong on Tuesday 24th January 16:26
Based on what you have said, a passing off claim is the only possible risk (ignoring the software patent argument). You would be "passing off" if you were basically riding on the reputation of the other website by giving the impression of a business association, in this case, perhaps by use of a very similar design. The fact you are in completely different businesses substantially reduces the risk and it's only if you were mimmicking a big brand name, such as Easy, M&S or Virgin, that your website could come under the spotlight.
Gaining creative suggestions is fine, its only if you are cynically lifting the design work of other people that would get you in trouble. That doesn't sound like your mind set or the result of your work
>> Edited by Craig Armstrong on Tuesday 24th January 16:31
>> Edited by Craig Armstrong on Tuesday 24th January 16:31
Gaining creative suggestions is fine, its only if you are cynically lifting the design work of other people that would get you in trouble. That doesn't sound like your mind set or the result of your work
>> Edited by Craig Armstrong on Tuesday 24th January 16:31
>> Edited by Craig Armstrong on Tuesday 24th January 16:31
Seems u can patent just about anything nowadays
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1
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