HubSpot Inc.

09/18/2024 | News release | Distributed by Public on 09/18/2024 05:01

I Took a Deep Dive Into Website Copyright So You Don’t Have To (Tips + Insights)

I Took a Deep Dive Into Website Copyright So You Don't Have To (Tips + Insights)

Published: September 18, 2024

Last month, I finally started building my writing portfolio website. And then it hit me: I had no clue about website copyright, yet it seemed important for someone publishing original content online.

Determined to figure it out, I spent several days researching, consulting the community, and exploring official resources. The whole process was getting quite confusing, so I documented every step.

In this quick guide, I'll share everything I learned about website copyright and answer all the questions that I first had to ask myself.

Table of Contents

What Is Website Copyright?

I was surprised to learn that websites themselves aren't typically considered copyrightable works. Instead, it's the content on the website that's protected.

So, website copyright is the legal protection of the original content found on a website. This can include:

  • Text (like articles, blog posts, or product descriptions)
  • Images and graphics
  • Videos and audio files
  • The website's unique design elements
  • Source code (to a certain extent)

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Do I Need to Copyright My Website?

Good question. The original content you publish on your website is automatically protected by copyright as soon as you create it. This applies to users in most countries.

You don't need to do anything special to get this basic protection.

However, you can register your website content with the U.S. Copyright Office for extra security. Here's why this might be useful:

  • It allows you to file a lawsuit if someone infringes on your copyright.
  • It serves as a public record of your ownership, which can be useful in the case of disputes.
  • If you register before infringement occurs (or within three months of publication), you may be eligible for additional compensation if you win a legal case.

As it still wasn't clear whether I needed to copyright my website or not, I dug deeper.

Turns out, registering with the U.S. Copyright Office makes the most sense for:

  • Businesses with valuable online content (e.g., online publications).
  • Creative professionals (like me!).
  • Websites with unique, innovative functionality or design.
  • Websites vulnerable to copying (e.g., recipe sites, sites with software reviews, etc.).
  • Websites planning to license content (e.g., stock photo sites, courses).

My takeaway on this?

Not everyone needs to officially copyright their website after creating it, as it gets protected automatically. However, it might come in handy as your website grows - especially if you publish important original content.

When Should I Copyright My Website?

As we already established, as soon as you have your text and visual content published on your website, the copyright law is activated. Registration with the U.S. Copyright Office is voluntary, but it could bring you extra protection and benefits if it comes to legal disputes.

In case you decide to proceed, here's when you should do it:

  • Before distributing your content to the public. The U.S. Copyright Office strongly recommends following this path and filing your registration before you publish anything.
  • Before bringing a lawsuit. If you decide to open a lawsuit for copyright infringement, you'll need to register beforehand.

And here's the caveat.

You don't need to register each time you publish new content. But each new content piece you add after registration is not automatically protected by your existing registered copyright.

So, the best approach might be to periodically register new content in batches. For instance, once or twice a year.

How Much Does It Cost to Copyright a Website?

The automatic copyright is free, of course.

If you decide to register with the U.S. Copyright Office, you'll need to pay a fee depending on your needs.

  • Standard Application: $65. This is the most common option for website registration that covers various content types.
  • Single Author, Same Claimant: $45. Choose this option if you're the sole author and owner of all content on your website.

There are more pricing options depending on your needs. You can check the full list here.

Image Source

How to Copyright a Website

Let's walk through the process of copyrighting your website. I'll explain each step in detail based on what I learned during my research.

1. Add a copyright footer notice to your website.

Start by adding a copyright notice to your website. Placing it on a copyrighted work informs users of the copyright protection.

While it's not legally required in the U.S. anymore, it's a good practice because it translates your claim of ownership in a more visible manner, and it further protects you in the case of disputes.

Here's what to include:

  • The © symbol or the word "Copyright."
  • The year you first published your site.
  • Your name or your company's name.

For example: Copyright © 2024 My Brand. All rights reserved.

Put this in your website's footer so it shows up on every page. Here's what it looks like on HubSpot's site:

The easiest way to approach this is by writing the copyright symbol in HTML. It ensures that your copyright badge will fit your site's responsive design for different screen types.

2. Decide if you need to register with the U.S. copyright office.

Remember, your work is actually protected by copyright as soon as you create it. But registering with the Copyright Office gives you extra protection - especially if you ever need to sue someone for copying your work.

Try answering these questions:

  • Is your website content original and creative?
  • Does your website contain valuable intellectual property?
  • Are you worried about others copying your content?
  • Do you plan to license your content to others?
  • Is your website critical to your business or personal brand?
  • Would you consider legal action if someone infringed on your copyright?
  • Might your content become commercially valuable in the long term?

If you answered "yes" to one or more of these questions, you might want to consider registering your website copyright.

3. Collect the materials you want to copyright.

If you decide to proceed, start by gathering all the original website content you want to protect.

This could include:

  • Your written content like web pages and articles.
  • Original images or graphics.
  • Videos you've created.
  • Audio content (if applicable).
  • Any unique interactive elements.

It's a good idea to build an organized content inventory for easier access. Make a list of all the elements you're including in your copyright application and categorize them, noting where each of them appears on your site.

Here's what it might look like.

4. Register your copyright with the U.S. copyright office.

Now you're finally ready to file your application. Here are the main steps you need to take.

This is where you can file your application.

  • Log in or create an account if you don't have one.

Image Source

  • Choose the appropriate application type.

For most websites, you'll likely use the "Standard Application." However, if you're registering multiple unpublished works (up to 10), you must use the "Group of Unpublished Works" application.

  • Fill out the application form carefully.

You'll need to provide:

  • Title of your work.
  • Author information.
  • Copyright claimant information.
  • Publication status (published or unpublished).
  • Year of completion.

Check out the full list of requirements and FAQs here.

Image Source

  • Be specific about what you're registering.

Remember, you're not copyrighting your "website" as a whole, but specific content on it.

For example, here are the main content types the form mentions:

Your website, blog articles, and other written materials would fall under Literary Form, while photographs, illustrations, and graphic designs fall under Visual Form.

Bonus tip: Check these video tutorials for each application type.

5. Pay the filing fee.

Once you're done filling out your application, review it and click "Checkout."

From here, you can pay the filing fee.

As of my last check, fees were:

  • $65 for a Standard Application.
  • $45 for a Single Application (if you're the sole author and copyright owner).

You can pay by credit card, debit card, electronic check, or Copyright Office deposit account.

6. Submit copies of your content.

Finally, it's time to submit the website content you want to copyright. Note that the Copyright Office prefers electronic submissions when possible. Here's what you need to know:

  • For unpublished works or works published only online, you can usually upload an electronic copy.
  • If you want to register an entire website, submit all the pages as they actually appear on the site.
  • When registering a single item from your website, submit it as it appears on the site, showing its surrounding context.
  • PDF format is preferred for website content.
  • You can't submit the actual URLs.
  • Don't submit separate files or disassociated content.
  • Only submit HTML if you want to specifically register the human-written portions.

Bonus tip: Check out this detailed guidance on uploading your work.

7. Wait for the decision.

After submitting your copyright application, expect an average processing time of 2.1 months. Online submissions typically take just over one month. Not too bad!

However, if the Copyright Office needs to correspond with you about your application, it may double the processing time.

Note: You can also check your application status while waiting.

8. Monitor and update your copyright regularly.

Just like me, you'll probably keep adding new content to your site. Make sure to log when those additions happen and plan to periodically submit your new pages in batches.

It's also a good idea to regularly check for unauthorized use of your content.

For example, you might use reverse image search tools like Google Images, set up Google Alerts for unique phrases from your written content, or use plagiarism detection tools.

If you find someone using your content without permission, look into the Digital Millennium Copyright Act (DMCA). It provides a legal framework that lets you request the removal of your copyrighted content from other websites.

Website Copyright: My Final Thoughts

The website copyright process wasn't as straightforward as I expected.

On one hand, your content is protected from the moment you publish it.

On the other hand, you can also add a website copyright footer to your site as an extra step - or take it all the way to the U.S. Copyright Office for additional legal protection.

Is registration necessary for everyone? Not really. However, after conducting all this research, I think I will consider registering my own site, since my portfolio has a lot of valuable, original content.

Free Website Design Inspiration Guide

77 Brilliant Examples of Homepages, Blogs & Landing Pages to Inspire You

  • Agency Pages
  • Ecommerce Pages
  • Tech Company Pages
  • And More!
Get Your Free Templates Learn more

Download Free

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You're all set!

Click this link to access this resource at any time.

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