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

You need someone to check the providence of the design, if it is a template (often the case with Wordpress) then so long as your avoid any directly infringing elements (like logos) then you may be able to modify the theme or template. However, I suggest you add your own refinements, such as a legible font) stylistic elements to reinforce the brand (eg colors logos), and trademark any unique elements. Note that many websites use libraries for the RESTful APIs or PHP page generation and if these are open-source, then the basic coding is not protected (except to extent license requires attribution) but other elements like database compilation or user-contributed comments may have stronger or weaker IP provisions.

A website's look and feel, themselves, may be subject to copyright protection. This protection is often rather thin, however, you will most likely be better served with developing your own unique design and layout as your website is supposed to be an extension of *your* brand.

It may be wise to consult with a local IP attorney to obtain more-specific guidance.