Can website design be copyrighted?

These days, your website is often the first thing people see when they come across your brand. It's not just a digital storefront, it's one of your most valuable creative assets, and something you're (hopefully) proud of.

But what happens if someone copies your design?

Whether you're a freelance designer, an agency, or a business owner, you’ve probably asked yourself: Can website design actually be copyrighted?

The short answer is yes. But not every part of your website is automatically protected. Knowing what counts as copyrighted material and how to protect it is key.

In this guide, we’ll walk you through what the law says about website copyright, what you can (and can’t) protect, and how to avoid the most common mistakes people make.

What is copyright and how does it work?

Copyright is a form of intellectual property that protects original works of authorship. That includes art, writing, music, photography, and yes, web design. Unlike patents (which protect inventions) or trademarks (which protect brands), copyright law safeguards creative expression.

When you create something unique, it's automatically yours. But to enforce that ownership legally, especially in a case of infringemen, you often need copyright registration through your country’s copyright office.

You don't need to register immediately to have rights. But, registration gives you the power to sue for damages and place your work in public records, which can serve as strong evidence of your rights.

What elements of a website can be copyrighted?

When it comes to website copyright, not all parts of your site are protected equally. However, several components can be considered original works, meaning they may fall under copyright protection (assuming they meet the relevant criteria).

1. Visual design (UI)

• Custom layouts

• Color palettes

• Graphic elements

• Unique combinations of typography and icons

The arrangement and expression of these visuals, when not generic, can be protected. You may also want to add a copyright notice in your site footer, such as:

© 2025 Your Website/Business/Personal Name. All rights reserved.

This small line, using the copyright symbol, establishes public intent to protect your work.

2. Original code

• HTML/CSS/JavaScript you wrote from scratch

• Backend PHP, Python, or other languages you've custom-developed

While ideas can’t be copyrighted, original content in code form, if creative, can be. But reused or open-source snippets typically don’t qualify.

3. The website's content

The written content on your site is one of the most clearly protected areas under copyright law. This includes everything from your homepage messaging to blog articles, FAQs, product descriptions, and even microcopy like button labels or onboarding instructions. If you wrote it yourself or had it written specifically for your brand, it’s considered original content and is automatically protected as copyrighted material.

Each piece of copy you publish is part of your website's content, and it plays a big role in shaping your site’s overall identity. That means any copying of your wording, even if it’s just a few lines or a product description, could constitute copyright infringement, especially if it’s used without permission or proper attribution.

To strengthen your claim in a case of infringement, it’s important to maintain thorough records. Keep a copy of your work, including:

• Original drafts and revisions of your text

• Screenshots of published pages with timestamps

• Backup files or CMS exports

• Author details and creation dates

Having these on hand can help you prove you’re the copyright owner and demonstrate that your copyrighted material was published first.

For an added layer of protection, consider including a copyright notice in the footer of your site. This small addition, especially when it includes the year of publication and your name or business name, can help deter unauthorized use and show clear intent to protect your intellectual property.

If your site includes guest content, user submissions, or third-party contributions, make sure your terms of use clearly state who owns what. This helps avoid confusion over copyright ownership and protects you legally in the long run.

4. Multimedia

The multimedia on your site, that's your images, videos, audio content, and animations, are all eligible for copyright protection, as long as you created them or hold proper licensing.

How do you know if you're the copyright owner?

If you created the media yourself or commissioned someone to do it for you under a work-for-hire agreement, you’re most likely the copyright owner. This means your content is automatically protected by copyright law, and you have the right to prevent others from copying, distributing, or displaying it without permission.

But, what happens if you use stock images or other licensed media?

In that case, the copyright holder is usually the original creator or the stock agency. When you purchase or download stock content, whether free or paid, you’re not buying the copyright. Instead, you’re acquiring a license to use the content under specific terms of use.

For example:

• A basic stock license might allow you to use an image on your website, but not in a commercial ad

• Some licenses require attribution

• Others may prohibit editing or redistribution

Misusing stock content, even unintentionally, can lead to legal issues or even a case of infringement. Always check the copyright text or license agreement before publishing, and keep records of any licenses you’ve obtained.

Also, avoid using “Google Images” as a source, most of the content there is not free to use and is still subject to copyright protection.

To stay safe:

• Stick to trusted stock libraries

• Use Creative Commons only when permitted for commercial use

• Or better yet, create your own custom visuals

And as always, back up your media files and retain a copy of your work and any relevant license documentation in case you ever need to defend your rights or clarify ownership.

What can't you copyright?

Although many parts of your site may be protected, some are not. You can't have everything.

Functional elements

You don't have any rights over website development elements like buttons, dropdown menus, and login forms as these functions have been around for years. Copyright doesn't protect function, only form.

General layout and UX patterns

Using a hero banner, navigation bar, and footer is so common that it’s considered a design convention. You can’t copyright the idea of a clean homepage, sorry.

Open-source or licensed material

Templates or themes bought on sites like Webflow or WordPress belong to the original creator. Unless it’s fully custom, you're likely only using it under terms of use, not owning it outright.

Myths about website copyright

Let’s clear up some widespread copyright myths that we hear time and time again:

“If I change 20%, it’s legal.”

False. There’s no legal percentage for safe copying. If it’s substantially similar and derived from your design, it can still be copyright infringement.

“Buying a template gives me full ownership.”

Not true. You have a usage license, but the copyright owner is the original creator.

“It’s on the internet, so it’s free to use.”

Wrong again. Anything that qualifies as copyrighted material is protected, even without a copyright notice

How to protect your site

Document everything

Save wireframes, drafts, design files, and notes. Remember in school, you could get marks for showing your workings out, the same applies to copyright.

Understand website copyright laws

Knowing the basics of website copyright law and where your rights begin and end is crucial. The better you understand the legal landscape, the more effectively you can protect yourself from copyright infringement and avoid unintentionally violating others’ rights. Taking the time to educate yourself or seek legal advice is always a smart move.

Register with the copyright office

If you've created something really amazing, and you're really worried someone's going to jump on your bandwagon, go through the copyright registration process. In many countries (like the U.S.), this is required to sue for statutory damages. It also makes your work part of public records, which adds legitimacy and deters infringers.

Understand ownership

Use contracts to clarify copyright ownership when working with freelancers or agencies. Without clear terms, both parties might claim rights.

Monitor for unauthorized use

Use tools like Copyscape or reverse image search to spot unauthorized use of your designs or website's content.

What to do if your copyright is infringed

If you think someone has copied your site...

1. Collect evidence, screenshots, timestamps, and links.

2. Contact the offender, politely ask them to remove the content.

3. File a DMCA takedown with their hosting provider or search engine.

4. Consult legal assistance, particularly if the infringement involves revenue loss or brand damage.

In more serious cases, seek legal advice from an IP attorney who specializes in online content. They can advise you on damages, injunctions, or negotiation strategies.

Copyright vs. other types of protection

• Copyright: Protects creative expression, like content and custom graphics.

• Trademark: Protects brand identity, such as your logo and brand name.

• Patent: Protects inventions or processes. A good example is Amazon's 1-Click Ordering. This famous patent covers the method of allowing users to make online purchases with a single click, bypassing the usual multi-step checkout process.

• Design right: Protects physical appearance, such as a unique button shape.

So, can website design be copyrighted?

Yes, as long as it qualifies as original content and not just functional or generic elements.

If you’ve invested time and creativity into building your site, protecting it is not just smart, it’s essential. Adding a copyright notice, registering with the copyright office, and being aware of your rights will help keep your assets safe from unauthorized use.

Remember, protecting your intellectual property doesn’t mean stifling creativity, it’s about setting clear boundaries. If your website is a serious investment, and you're not sure where you stand, you might want to speak to a lawyer. A legal team can draft your terms of service, which will help protect you.