Clients often ask how they can get a website content copyright. Filing for copyright registration for website content can be tricky because website content changes on a regular basis. Though it can be tricky, it is important to file for a website content copyright because the value of website content can be difficult to prove in litigation. Since copyright registration provides the registrant with the ability to obtain statutory damages of up to $150,000 per work infringed, registration provides measurable benefits to website content owners.
To file for registration of website content, it is best to speak with a copyright lawyer. Since a copyright registration deposit is a snapshot in time, and because a registration extends only to the content contained within the deposit, it is important to work with a copyright attorney to identify a registration plan that will meet the specific needs of the website owner. For many websites, it may make sense to register for copyright protection on a quarterly basis to ensure that statutory damages are available.
If you seek advice on obtaining a website content copyright, contact our expert copyright attorneys today 855-473-8474.
Copyright protection attaches automatically to original works of authorship the moment they are fixed in a tangible medium of expression. For a website, this means that the original text, photographs, graphics, illustrations, videos, audio recordings, and software code are all potentially protected from the moment they are created and published. No registration is required for protection to exist.
However, not all website content is protectable. Copyright does not protect: facts, data, and purely functional information regardless of how it is presented; short phrases, slogans, and titles (which may be protectable as trademarks but not copyrights); and works that lack sufficient originality, such as standard forms, blank templates, and calendars. The design and layout of a web page may be protectable as a compilation if the selection and arrangement of elements is sufficiently original.
The challenge of copyright registration for websites is that website content is not a static work. A book or a photograph is a discrete work registered once. A website is a continuously evolving collection of works. New blog posts are published daily, product descriptions change, images are added and removed, and the site’s overall content portfolio grows constantly.
The Copyright Act addresses dynamic works by allowing registration of website content as a group. The U.S. Copyright Office has specific procedures for registering serial publications and for registering groups of works published over a period of time. For websites that publish new content frequently, a quarterly or annual registration cycle captures newly published content and establishes registration priority for statutory damages purposes.
The timing of registration relative to infringement determines what remedies are available. Under 17 U.S.C. § 412, statutory damages — up to $30,000 per work for non-willful infringement and $150,000 for willful infringement — and attorney’s fees are available only if the copyright was registered before the infringement began, or within three months of the work’s first publication. This creates a strong incentive to register website content promptly and regularly.
Registration is filed online through the U.S. Copyright Office’s eCO system at copyright.gov. For a website, the deposit is typically a printout or digital capture of the website content as it existed on a specific date. Because the deposit is a snapshot, the registration protects only the content in the deposit — not content added after the registration date. This is why we recommend that website owners establish a systematic registration schedule rather than relying on a single registration filed at launch.
For websites that publish large volumes of content — news sites, blogs, e-commerce platforms with many product listings — registration of individual works is impractical. The Copyright Office’s group registration options and electronic registration streamline the process. An attorney experienced in copyright registration can identify the most efficient registration strategy for your content portfolio.
Registration is the foundation, but protection also requires proactive monitoring and enforcement. The following practices help website owners protect their content:
If you have questions about copyright law or copyright infringement, contact the copyright attorneys at Revision Legal at 855-473-8474 or complete our contact form.
Developing a copyright protection strategy for your website requires more than filing a single registration. An attorney who specializes in copyright registration will help you: identify which content on your website is worth registering; determine the appropriate registration vehicle (individual registration vs. group registration); establish a registration calendar that ensures new content is registered before potential infringement occurs; and develop a monitoring and enforcement protocol for identifying unauthorized uses of your content online.
For e-commerce businesses, the value of product photography, detailed product descriptions, and original written content can be substantial. Competitors who copy this content are not only infringing your copyright — they are also free-riding on your investment in content creation and gaining unfair SEO advantage by duplicating your original work. A systematic copyright registration and enforcement program protects both the legal and commercial value of your website content.
Revision Legal’s copyright attorneys register website content for clients across industries, from software companies to retailers to professional services firms. We provide a consultation as part of our flat-fee copyright registration service to help you identify the right strategy for your specific content portfolio.
Contact the copyright attorneys at Revision Legal with questions about copyright law or infringement. Call 855-473-8474 or complete our contact form.
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