Re: Registering Copyright in a web site

From: <ArborLaw[_at_]aol.com>
Date: Tue, 29 Oct 1996 19:26:35 -0500

Bob Cumbow writes:
>
> I am told by the Copyright Office that Form TX is the correct
> one to use to register copyright in a web site. I routinely
> advise clients to expressly notice their copyright in "all
> protectable elements of the web site, including text, graphics,
> selection, arrangement, and overall design." I'm not convinced
> that a TX registration is broad enough to cover this. Anyone
> have any ideas (or, better still, experience) to share along
> this line?

I recall when Mary Beth Peters spoke at a Michigan IP CLE update many years ago and told us that all computer program/video game claims should be registered on a single TX. This was right after the big look and feel cases were filed, which made everyone nervous. The Copyright Office position was that we didn't need to file separate VA or PA forms to capture the look and feel claims, because the single registration could include claims going to all the original copyrightable subject matter in the submission. People were taking a video of their software or game in operation and filing those claims on a VA or PA anyway. If you take the CO at their word the TX is sufficient. The most important line on the form to get right is "nature of authorship."

Ultimately, I don't know of any anecdotal evidence or case law where the filing of a TX resulted in a problem or in the inability to enforce claims going to the graphical or audio elements of a computer program. Anyone else?

Carol Shepherd
===--====--=-=-=-====---===-=-=-====---===-----====-==-=-=-=====

   Carol Ruth Shepherd                          arborlaw[_at_]aol.com
                                           shepherd[_at_]arborlaw.com
                                             320 S Main Box 8403  
        business,                             Ann Arbor MI 48107 
 technology, entertainment                   +1 313 668 4646 tel           
    and new media law                        +1 313 663 9361 fax

==--====-==-=-=-==--=--====--=-=-=-====---===-=-=-====---===---= Received on Wed Oct 30 1996 - 00:28:08 GMT