How to Copyright a Website

Though copyrights are automatically granted to protect material works and expression under the U.S. Copyright Act, filing for copyright registration carries added benefits.

Do I need to copyright my website?

While most businesses won't typically copyright an entire website, they often copyright specific components of the site.

In an era of user-generated content, video posts, and online thievery, it's critical that businesses are aware of their rights as content creators.

In order to bring an infringement suit or other legal action against a person or company for unauthorized use of your original works, for example, you must register the works through the national copyright system managed by the United States Copyright Office. This is true for all original works, including websites.

Websites present a unique set of challenges when it comes to securing copyrights, since a website is actually a diverse set of creative works assembled into a single unified product. This means the site’s authors must determine the copyrighting process that suits their situation best.

Corinne Chen, an associate attorney at Archer & Greiner P.C., recommends copyrighting content before launching a website, though it can be done on a rolling basis.

"Each piece of content may be registered with the (U.S.) Copyright Office either on separate applications or grouped together in one application as a compilation of multiple works or collective works," she explains. "Consider how much content needs to be registered and decide which practice would work best for keeping your content protected."

What parts of a website can you copyright?

According to business attorney William Goldman, founder of Goldman Law Group PLLC in Washington, D.C., filing for copyright registration "provides proof of ownership and eligibility for statutory damages." He adds, "Also, registration is required for bringing a lawsuit for copyright infringement."

Most businesses won't typically copyright an entire website—they copyright select content within it. Website content commonly refers to personalized works, including:

• Text content. Text content includes things like blog posts and articles, but it also covers smaller bits of text on your site like item descriptions or captions for your images.
• Images and graphics. Photos, illustrations, and other static visual content on your website can usually be protected by a copyright. This includes content provided to readers as well as your brand imagery and design elements.
• Multimedia. Beyond static imagery, animations and videos are copyrightable as well. You can also copyright original music or other audio files found on your site, like background audio and podcasts.
• Site design. The aesthetic elements tying your site together are also able to be copyrighted, and should be treated like any other content you wish to protect. In some cases, a website’s layout and design are the most important parts of the site author’s intellectual property to be protected.
• Code. The front-facing part of your website isn’t the only thing that needs to be protected from unauthorized use. If you’ve developed unique code to make your site function, consider copyrighting that code as well.

Not every element of a website can be protected by a copyright. Functional design elements like dropdown menus and hamburger menus are typically ubiquitous designs and cannot be copyrighted, for instance. It is also not possible to copyright domain names, although they may be protected using a trademark if they are considered a defining element of your brand.

You may also need to consult with an attorney on what design and code, if any, can be copyrighted based on who created those elements of your site. If you use templates for your design or employ freelancers for help with code, for example, you may not be able to copyright those elements of your site unless your agreement with those outside entities permits it.

How to copyright website content

The process of registering copyright ownership of your website content can generally be broken down into six simple steps.

Step 1: Prepare your materials

When copyrighting a website, there are two sides of the site to consider—the artistic side and the technical side.

The artistic side includes things like written text, illustrations, videos, charts, photographs, graphics, musical recordings, or other original work that the author intends to have copyrighted.

At the same time, there is a technical side which generally includes the HTML programming code that operates the site. Its unique domain name also identifies the website itself, typically created by a person with technical expertise with some input from the website copyright applicant.

To fully protect your website, you’ll need to assemble all the elements of both the technical and artistic sides of your site together in order to give the USCO a complete picture of your product.

Step 2: Create an account with the US Copyright Office

Before you can register your website copyright, you must register an account with the USCO. This can be done online through the electronic copyright office using the USCO web portal or by mail, although the online registration process is typically much quicker than the mail-in system.

Step 3: Complete the application

File a copyright application form with USCO either electronically or in paper form via U.S. mail. If you file electronically, log onto USCO's website at copyright.gov and complete an online application by clicking on the registration portal. You must identify the author, type, or category of copyrightable authorship you intend to register, copyright owner, and other information. Specific procedures for registering the contents of a website are found in USCO's Circular 66.

Step 4: Upload your website content

When completing the application required to copyright a website, the applicant must provide a copy (or copies) of the physical work to be copyrighted so that USCO may make an appropriate decision. Generally, this involves submitting the actual web pages in the same form they are intended to be viewed when displayed on the internet.

Step 5: Pay the registration fee

Online registration for a single work of authorship is cheaper than print registration—an electronic application costs between $45 and $65, while a paper application is subject to a $125 fee. Copyrights last the lifetime of the author, plus 70 years. There is an additional cost for renewal.

Step 6: Submit your application and await a response

Once your work is shared with the necessary federal agencies, it’s time to turn in your application and wait for a determination from the office. The turnaround time for an application to be approved or rejected can vary significantly, with the most straightforward online claims resolved in a month or two and more complicated mail-in applications taking around seven months on average.

How much does it cost to copyright a website?

The simplest website copyrights are relatively inexpensive. For a single website element created by a single author that was not developed as a work for hire, the cost to register online is just $45. In other circumstances, a standard application must be used, which costs $65 online, and all website content costs $125 when applying via mail.

If you are registering multiple works at once, as is often the case when initially registering your copyrighted materials for a website, you can reduce your costs significantly by applying via group registration for unpublished works (GRUW). This allows applicants to register up to 10 new works at once for a single fee of $85.

The total cost to apply can vary somewhat depending on the complexity of the site and how comfortable the site’s author is with the application process. In some cases, it may be necessary to employ an attorney or third-party company to help navigate the relevant copyright laws. These services could range anywhere from $100 to several hundred dollars.

In cases where an application is submitted incorrectly or is rejected due to inaccurate information, there is also a $100 fee to submit a correction to the application.

If you have concerns about navigating the copyright application process, LegalZoom’s Copyright Registration services can make things much easier for you—just provide some basic information and a copy of your site, and we can take care of the rest for you.

Next steps for protecting your website

Registering your copyright is just the first step in protecting your intellectual property. Once your application is approved, you should take steps to discourage infringement and act quickly if you discover an unauthorized use of your work.

One of the simplest ways to discourage unauthorized use of your site is through the use of a copyright notice. This notice is typically given at the bottom of a webpage using the copyright symbol (©) along with the year and the name of the site’s owner.

Despite your efforts to discourage others from using your work against your wishes, you may encounter instances where your site and its contents are being used without your consent. There are many online plagiarism tools available that might detect the illegal use of your text content, and reverse image searching can turn up unauthorized use of images online. You may also be able to monitor others’ use of your content via social media or other popular websites, depending on your industry.

If you do find another entity using your content without permission, you should act quickly to intervene. This can range from sending cease-and-desist letters or take-down notices to enlisting a lawyer’s assistance to crack down on the unapproved uses.

FAQs

Can I copyright multiple parts of my website at once?

Yes, and in most cases, this is the most cost-effective way to register the content on your website. By using a GRUW registration, you can register your protected works in batches of up to 10 at a significantly reduced price compared to registering each component individually. However, this only applies to unpublished parts of your website.

Can I copyright my website design?

Yes, to an extent. Commonly used design elements like dropdowns and navigation menus typically cannot be copyrighted, but unique aesthetic components of your website’s design and back-end code are often eligible for copyright protection.

How long does website copyright last?

Website copyrights last just as long as any other copyright, offering legal protection for the duration of the author’s life plus an additional 70 years after their death.

Can I copyright website content created by AI?

The copyrighting of AI-generated content is something of a legal gray area, although cases where a human author contributes significantly to the creation of a piece of content through the use of AI tools may be eligible for copyright protections. Generally speaking, though, the use of prompt-based AI technology does not constitute a significant contribution from the human author and would not qualify for a copyright.

Jonathan Layton, J.D., contributed to this story.