Website cloning can be a major problem for website operators. Cloning is usually defined as the duplication of an entire website (or significant portions) for criminal or other nefarious purposes. For example, a cybercriminal can clone a bank website, hoping to lure unsuspecting bank customers to the fake website in order to steal usernames and passcodes. Other nefarious reasons would include cloning a company’s website:
- To steal customers, sales, etc.
- To interdict users for the purpose of launching various scams like phishing attempts
- To purposely pose as a company to damage its brand/trademarks
- To launch viruses and other types of malware
A less extreme form of website cloning involves copying specific content hosted on a website without permission.
Copyright law is one of the main legal tools for punishing those who engage in cloning attacks on websites. However, copyright protection can be complicated. This matters because it is necessary to register a copyright before an owner can bring a lawsuit for copyright infringement. Copyrights are registered by the U.S. Copyright Office, and its Circular 66 provides some basic information on copyrighting websites and content. In short, content is “easy” to register, but copyrighting a website as a whole is much more difficult.
Thus, if the cloning attack is limited to a given webpage or specific content, suing for copyright infringement is relatively straightforward. That is because, as noted, it is relatively easy to obtain copyright registration for website original content — music, photos, text, video, etc. Once registered, a federal lawsuit for infringement can be filed. In many cases, a federal court will issue injunctive relief requiring that infringing material be removed from the website. Damages for a successful copyright infringement case can be substantial. The minimum amount that can be awarded for statutory damages is $750 per work infringed, and the maximum is $30,000. If willful infringement is proven — which is often the case with cloning attacks — the statutory maximum for damages is $150,000.
Focusing on content is the correct legal strategy, even if the cloning attack is for an entire website, since by logic and definition, making an exact duplicate of a website means duplicating its content, video, photos, etc. Since those elements can be easily registered, an infringement lawsuit can be quickly prepared and filed.
It is important to focus on content that is being infringed because it is difficult for an owner to register a copyright for a “website” as a whole — a website being defined by the Copyright Office as “a web page or set of interconnected web pages, including a home page, located on the same computer or server and prepared and maintained as a collection of information by a person, group, or organization.” A website can be registered only if it satisfies the statutory requirements for a “compilation” or “collective work.” Proving that to the Copyright Office can be difficult, time-consuming, and expensive.
Contact the Copyright Attorneys at Revision Legal
For more information, contact the experienced Copyright Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
