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:
© 2003 Bloggo Limited
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.
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 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.
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