Legal Question in Technology Law in California

Is this copywrite infringement?

Hello, I have a quick question. I own a company and have a website for that company. Back when I was in the process of designing the website I took a look around at competitors sites to give myself ideas. I put my site together and I've begun to receive nasty emails from a particular site owner. He says that my site is copying his and that he's going to take legal action.

Now I'll agree that the 'layout' of my site is similar to the person who is complaining but all of the 'artwork' and 'html code' for my site is original. I'm aware that images and text are protected under copywright law. But all the images and text on my website are original. So my question is this: does this person have a case against me or am I safe?

Thanks for any help you can give.


Asked on 9/12/07, 5:56 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is this copywrite infringement?

There is no way to know without comparing the sites. You should have a lawyer review them for you.

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Answered on 9/12/07, 6:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is this copywrite infringement?

Without questioning the wisdom of the previous advice (that it's impossible to be sure without looking at the material and to see a lawyer), I'd like to add a few thoughts.

First, this is an intellectual-property question more than it is a computer and technology question, and you might want to re-ask it under that heading to see if you get more answers.

Next, you should also consider whether your site creates a trademark infringement as well as or instead of a copyright infringement.

Finally, my guess is that you don't have either problem, and based on your description of the situation I'd say that I'm more than 50% certain of that but less than 95% sure. Part of your decision whether to seek legal assistance or not should be based on your assessment of your risk. If the complaining party might be losing tons of business to you, get a lawyer. If your total dollar volume is in the small-claims category, it is far less likely you'll be sued and the consequences are far less dangerous, so maybe hiring a lawyer is unjustified in such a situation.

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Answered on 9/12/07, 6:46 pm
Johm Smith tom's

Re: Is this copywrite infringement?

I would need to see the two sites to give you an opinion. There are several factors to be considered in dealing with this type of issue.

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Answered on 9/12/07, 7:09 pm


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