Website copyright: the essentials in a nutshell

Website copyright is a controversial matter. Since it consists of elements that basically makes all websites the same, there is not always a clear answer here.

Website Copyright: The most important things at a glance

Works that reach their own “level of creation” are subject to copyright in Germany. Since a website basically, like any other website consists of similar elements, this question is controversial.

• Only an experienced lawyer can answer the question of whether a website itself is subject to copyright. If a website has reached the so-called “level of creation”, in that it is distinguished from all other websites by a certain style that makes it exceptional, it may be subject to copyright. The difference must be clearly recognizable, which is not the case with most websites.

• Images, graphics and text found on a website, on the other hand, are subject to copyright. With these it is mostly clearly recognizable that these were created in own achievement. A website itself, on the other hand, does not reach a “level of creation”.

• If a person were to copy your website in its entirety, you would usually not be able to do anything legally. Legally, it is not plagiarism. You should check carefully beforehand whether your website is in any way subject to “creation height” before you spend unnecessary costs.

HTML language is not subject to copyright

Despite your designation as an “HTML language”, the source code of your website is also not subject to copyright:

• Neither the source code nor the stylesheets of your website are subject to copyright. Since it is not a computer program and not a graphic, according to the copyright law you cannot do anything if someone steals it from you.

• The content of your website, on the other hand, is subject to copyright. This applies to your text, images, illustrations, photos and graphics. These are a creative work that parallels a book or magazine and are accordingly protected by law.

• However, caution is also required here. Short texts, messages, numbers, facts and inherited statements as well as simple design elements, such as an icon are not subject to copyright. These are very general and can not be considered as own creative work.