ABA Family Legal Guide

Computer Law

Computer Copyright and Trademark Issues

Legal Issues and Your Personal Website

What can I do if someone copies what I write or draw on my site?

You own the copyright to the original work you put on your site and can enforce that right in court against anyone who copies your work without your permission. A copyright exists once something is written or drawn. Unlike a trademark or a patent, a copyright need not be registered with the federal government. However, before you can sue for copyright infringement, you must register or at least be in the process of copyright registration in the U.S. Copyright Office. Consult a lawyer before deciding to wait to obtain a copyright registration, because certain recoveries against an infringer are precluded by registration after infringement has begun.

If you don't want to register, it is a good idea to put others on notice that you have the copyright and thereby discourage them from copying. This notification can be accomplished by simply putting the familiar circled letter "c" (©) on your website followed by the year and your name, or by spelling out the word "copyright" followed by the year and your name.