Using another website's design?

Hi,

An author's works are copyrighted when created ("fixed, tangible representation of an original work"). This includes works for hire (which web site elements often contain). So to copy the website design elements, would infringe the author/owner's copyright of those elements. Also, be careful, there may be trademark elements on the site: colors, images, words, fonts, etc. that may be protected under trademark laws.

That said, the layout of many websites are the same due to the nature of their operations (home page, with navigation bars, carts, etc). The website itself isn't copyrighted. A website has to be pretty unique to enjoy copyright protection. However, the elements on the website (text, HTML code, images) are protected. The author/ owner could sue you for infringement if they registered the website elements. They can't sue you unless they register them.

You can always contact them and ask for a license. You can check to see if they have registered and what was registered. You can also hire an attorney to make sure you have legally worked around their specific design elements - make sure your not infringing. A resource I recommend: http://newmediarights.org

Hope this helps!
Mary