Protecting Websites, Databases and Business Software
Coyright can provide intellectual property protection for:
Websites
Websites can be protected through copyright insofar as their text, graphics and
images are concerned. All that is required to establish copyright is proof of origination
and ownership, which means retaining dated evidence of origination and creation
such as by way of original artwork, copy, screenshots and related correspondence
and documentation.
All new or redesigned material should give notice of copyright. This notice should
consist of the word "copyright" or the symbol ©, the year of first publication and
the legal name of the copyright owner, for example: © 2009 My Company Pty Ltd
There may be an issue in terms of what copyright belongs to you and what belongs
to a supplier or customer. You may wish to review any agreement between you and
a supplier or customer and your terms and conditions of business to see if clarification
is needed.
Additionally, websites can be protected through trade mark registration insofar
as names, logos, slogans, designs and other business and brand identities and get-ups
are concerned. This can cover not just ordinary company and brand names and logos,
but also for example animated logos and other brand images or cartoons used as sales
aids, a phrase such as "Ask Mike" used in a website to encourage customers to click
through for further information, or the actual graphic style and colour used for
the design of webpages.
Domain names may also be protectable as trade marks depending on their distinctiveness.
Databases
Separate issues arise with databases, which can be protected chiefly either through
copyright or the new database right. For copyright to apply, the database must have
originality in the selection or arrangement of its contents whilst, for the database
right to apply, the database must be the result of "substantial investment". It
is, of course, possible that a database will satisfy both conditions so that both
copyright and the database right exist. The database right is established in the
same way as copyright.
Business Software
Business software can be protected similarly through copyright and trade mark registration,
but may also be patentable in certain circumstances if sufficiently novel and inventive.
Of course, you should be careful not to inadvertently infringe someone else's rights
when creating a website, database or a piece of software.