Copying a Website

If someone has copied your website, be sure you have registered the copyright with the U.S. Copyright Office. Registration provides prima facie proof of ownership and is required before you can take legal action for infringement. Your Certificate of Registration will indicate the effective date of registration and the name of the copyright owner.

The deposit material filed with the U.S. Copyright Office will include a complete copy of all the copyrightable material. If the work is infringed, a court will compare the allegedly infringing work the original to determine whether there is a substantial similarity between the two. If infringement is found, the infringer can be liable for statutory damages up to $150,000 if the infringement was willful.

Copyright registration can be a powerful "negotiating tool" if someone copies your website. Knowing they might have to pay thousands of dollars in damages is great incentive to remove infringing content.

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