CopyrightTips from experts* at CopyrightsNow.com
You’ve created a great website... to publicize your book, product or service. So how do you protect the content from illegal copying or plagiarism?
Question: Can you protect the entire website with a copyright registration?
Answer: Yes (for the copyrightable content)
While a website itself is not considered a copyrightable work, you can register ‘copyrightable content or authorship’ on the website such as: text, photographs, illustrations and artwork, music, sound recordings and/or videos.
What if there are several types of content on the website?
It should be registered in according to the predominant copyrightable content.
For example, if you want to protect a blog post consisting mainly of text, you can register the blog entry as a ‘Literary Work’.
If you want to protect a musical work that is available on a website, you can register it as a ‘Work of the Performing Arts’.
Likewise, a photographer who displays or distributes photographs on a website can register these images as ‘Work of the Visual Arts’.
Multiple elements, consisting of text, illustrations, photos, etc. are typically submitted using the predominant copyrightable content such as ‘Literary Work’.
Who is the Author and Copyright Owner of a Website?
Generally, the person or entity who creates the work owns the copyright.
If you hired an independent contractor to develop a website or content, the contractor is considered the author and copyright owner of the work, not the hiring party, unless the work is created under a 'Work-for-Hire' Agreement, in which case the contracting entity owns all rights (including copyright) to the work. This is because under a 'Work-for-Hire' Agreement, the contracting party is considered the Author, and the subcontractor’s name doesn’t have to appear in the work.
By contrast, if an individual creates a work during the course of his or her employment under a typical employment relationship, the work is considered a ‘Work-for-Hire’ and the employer is considered the author and copyright owner of that work, not the employee.
Many websites include content created by others, such as: blogs, licensed art or graphics, stock art, links to other websites, etc. These elements would be excluded from your application by indicating ‘Pre-existing 3rd Party Material’ on your application.
Is AI-generated content copyrightable?
According to the U. S. Copyright Office, works created by AI – known as “generative AI” are technologies that generate “original” content based on prompts from humans.
USCO currently interprets AI-generated text and images as not protected under copyright law since they were produced by a machine based on prompts from humans. These elements would be excluded from your application by indicating ‘Pre-existing 3rd Party Material’ on your application.
Updates and Revisions
Most websites are updated often and change significantly over time. Generally, each new version of a website is considered a separate work for purposes of copyright registration. A registration for a specific version of a website covers the new material that the author contributed to that version, including any changes, revisions, additions, or other modifications made. Ordinarily, the registration does not cover earlier or later versions of the same website or preexisting material that may be contained within that site.
In particular, a registration for a specific version of a website does not cover:
• Previously published or previously registered material
• Material that is in the public domain; or
• Copyrightable material owned by a third party
What do you submit as the ‘deposit’ copy of your work?
Works that are displayed on a website are registered in much the same way as any other work, and the same rules apply when your application is vetted.
Typically, you should submit the content in the form in which it appears on the actual website – by printing each page to a PDF file and uploading your PDF.
(There is no need to submit the HTML code for a site unless you specifically want to register the human-written portions of the HTML itself)
Sample Copyright Registration for a Website
Example: Register Copyrights for an Author Website to promote your book
Your original book is published by Your Self-Publishing Company – and the company also owns the website which also includes the copyright.
Your company hired an independent contractor under a ‘Work-for-Hire’ to create original illustrations for the book and the website promotional material.
You reprinted 3rd party reviews of your book.
Here is sample copyright registration using CopyrightsNow®:
Fig 1: Sample screenshot of Project –
Copyright category: ‘Book, Poetry, Written Work’ is filed as ‘Literal Work’
(Note: Other ‘Website’ is a comment only)
Fig 2: Sample screenshot of Project | Published selection.
Note: Websites are considered ‘Unpublished’ under certain conditions:
Work for which downloading or reproduction is expressly prohibited.
If there is a notice on the website in the ‘Terms of Service’ or another obvious place that prohibits downloading, printing or copying, the work or content may be deemed ‘Unpublished’ because the end-user is not authorized to download, print or otherwise copy and distribute.
Fig 3: Sample screenshot of Author Information
In this sample, an Organization is the Author and Claimant.
Fig 4: Sample screenshot of Author – Contribution
(Note: An employee of the company created the Photos and the company hired an Illustrator
under a ‘Work-for-Hire’ Agreement to create original illustrations (Artwork) (see Fig 5)
Other ‘Pre-Existing 3rd Party Material’ was used (see Fig 6)
Fig 5: Sample screenshot of Author – Work-for-Hire
(Note: The Author (Organization) hired an Illustrator under a ‘Work-for-Hire’ Agreement to
create original Illustrations for use on the site.
Other ‘Pre-Existing 3rd Party Material’ was used (see Fig 6)
Fig 6: Limitations for Pre-Existing Material
(Note: Author used 3rd party quote and licensed Illustrations from Stock Art company)
In this example, your company (Your Self-Publishing Company) hired an Illustrator under a ‘Work-for-Hire’ agreement; therefore, you check ‘Yes’ for ‘Work-for-Hire’
Under a ‘Work-for-Hire’ agreement, you as the contracting party would own all the rights to the work – even though you did not create it. The agreement should be in writing and should clearly state it is a ‘Work-for-Hire’ contract with all rights being owned by you – as the commissioning entity.
The website also includes 3rd party quotes and ‘Illustrations’ licensed from a Stock-Art firm… which need to be excluded from registration as ‘Limitations for Pre-Existing Material’ (Fig 6).
To complete the registration, click ‘Submit’ on the last screen:
Fig 7: Sample screenshot of ‘Submit’ button
Sound confusing? Rest Easy… By using a copyright preparation tool like CopyrightsNow®… the system edits and validates your application with AI algorithms… and each application is reviewed by a Specialist to minimize potential issues which may cause delays or rejection by the USCO.
CopyrightsNow® also provides On-line HELP for each screen with detailed data element descriptions and ‘Use-Case’ procedures.
For more information on copyright registration and ‘Work-for-Hire’, see: https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf
To start your copyright registration protection, click to learn more!
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For more information, refer to U. S. Copyright Office – Circular 66 – Copyright Registration of Websites and Compendium of U. S. Copyright Office Practices – Chapter 1000 – Website and Website Content
* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.
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damages resulting from reliance upon statements and tutorial material.
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