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Can You Copy a Website's Design? What's Legal and What Isn't

By · Updated · 6 min read

The short answer

You can usually borrow a website's style: its layout ideas, colour choices, spacing and type scale, because US copyright doesn't protect ideas, methods, layout or typeface designs. You can't reuse its expression and assets without permission: the written copy, photos, illustrations, code, font files and logos. A look-alike that makes people think you are the other brand can also break trademark law. This is not legal advice, and the rules vary by country.

Which parts of a website's design are protected?

The content is protected; the general look is mostly not. In the US, copyright covers original expression such as text, photographs, illustrations and video. It doesn't cover the layout of a page or the ideas behind it.

The U.S. Copyright Office says a website "may contain text, artwork, photographs, music, videos, or other copyrightable content", but "the website itself is not typically considered a copyrightable work". Its list of material it won't register on websites includes "functional design elements", "the layout, format, or 'look and feel' of a web page" and "names, icons, or familiar symbols".

Code is a split case. The Office "generally will refuse claims consisting solely of style sheet languages, such as Cascading Style Sheets", but HTML written by a person can be registered as a literary work if it is creative enough. Scripts and other software can be protected as computer programs. Copying a site's source files is a different act from writing your own CSS that gives a similar result.

This is not legal advice. The sources here are US law and US Copyright Office practice; other countries have their own copyright, design and trademark rules. For a real project, ask a lawyer where you are.

Are colours, layouts and spacing free to use?

Generally, yes. The Office "will not accept a claim to copyright in 'format' or 'layout'", and says the general layout of a web page "is uncopyrightable because it is a template for expression".

Ideas and methods are excluded by law: copyright doesn't protect "any idea, procedure, process, system, method of operation, concept, principle, or discovery". A two-column hero, a sticky header, an 8px spacing scale or hairline borders instead of shadows are ideas and methods. On colour, the Compendium of Office practice says "mere coloration or mere variations in coloring alone are not eligible for copyright protection", and combining "expected or familiar pairs or sets of colors" isn't copyrightable either.

Two caveats. A creative selection and arrangement of specific content can be protected, though only for that content, not for the arrangement itself. And a distinctive overall look can matter under trademark law (see below), even where copyright doesn't apply.

Can I use the same font as another website?

You can use the same typeface design, but you need your own right to the font files. US copyright doesn't protect typeface designs; it can protect the font software that draws them, and fonts are sold and shared under licences.

The Office's Circular 33 says "copyright law does not protect typeface or mere variations of typographical ornamentation or lettering", and its Compendium adds that this is true "regardless of how novel and creative the shape and form of the typeface characters may be". But a computer program that generates a typeface "may be registered if the program contains a sufficient amount of original authorship", and that registration covers the code, not the letter shapes.

In practice the licence decides. Free fonts under the SIL Open Font License can be used "in books, posters, artwork, logos, and on websites", bundled in apps and modified and shared again. Paid fonts need a licence of your own. Never download font files from someone else's site: install the font from its official source, buy a licence, or pick a free font with a similar feel.

What about logos, brand names and a look-alike design?

Leave them alone. Names, slogans and logos are usually protected as trademarks, and a copy of a brand's overall look can be trade dress, even when no single file was copied.

Circular 33 says names, titles and short phrases aren't copyrightable, but "may be protectable under federal or state trademark laws". Trade dress is the design and packaging that identifies a product's source. Cornell's Legal Information Institute notes that the Lanham Act protects it when it serves the same source-identifying function as a trademark, and that 15 U.S.C. § 1125(a) protects it without registration.

The safe test: would a visitor think your site belongs to, or is endorsed by, the brand you admire? If yes, change more than the logo. Borrow the principles (restraint, rhythm, a type scale) and make the identity your own.

What can I borrow from a website, and what can't I?

As a rule of thumb, decisions are borrowable and files are not.

Style versus assets, based on U.S. Copyright Office guidance. Not legal advice; laws vary by country.
ElementCan you borrow it?What to do
Layout ideas (grid, section order, sticky header)Usually yesRebuild it in your own code, with your own content
Colour choices and palette rolesUsually yesUse them as direction; avoid copying a brand's signature colours so closely it looks like theirs
Spacing, radii, type scale, motion timingUsually yesMeasure and reuse the values
Typeface designYesUse the font only with a licence, or a free alternative
Font filesNo, unless the licence allows itInstall from the official source under its licence
Written copyNoWrite your own
Photos, illustrations, custom iconsNoUse your own, licensed stock or an open-source icon set
HTML, JavaScript and other source filesNoWrite your own code
Logo, name and slogansNoUse your own brand
The overall look of a well-known brandRiskyChange enough that nobody mistakes you for them

Questions

Is it illegal to copy a website's layout?
In the US, the general layout or format of a web page isn't registrable by copyright, so rebuilding a similar layout with your own code and content is usually fine. Copying the site's files, text or images is a different matter. This is not legal advice.
Can I copy a website's CSS?
The Copyright Office generally refuses claims made only of style sheets, but a site's human-written HTML and its scripts can be protected. Writing your own CSS to the same values is the safer route.
Can I use a website's colour palette?
Colour choices on their own aren't copyrightable in the US. Avoid copying a brand's signature colours so closely, together with its layout and type, that people could mistake your site for theirs.
Are fonts copyrighted?
In the US the typeface design isn't, but font software can be, and fonts come with licences. Use free fonts under their licence (such as the SIL Open Font License) and buy paid ones.
Do the same rules apply in the UK or EU?
Not necessarily. Copyright, design rights and trademark law differ between countries, so check local law or ask a lawyer before relying on a US source.

Sources

  1. U.S. Copyright Office, Circular 33: Works Not Protected by Copyright
  2. U.S. Copyright Office, Circular 66: Copyright Registration of Websites and Website Content
  3. Compendium of U.S. Copyright Office Practices, Chapter 700 (§ 723, programs that generate typefaces)
  4. Compendium of U.S. Copyright Office Practices, Chapter 900 (§ 906.3 colour, § 906.4 typeface)
  5. Cornell Legal Information Institute: Trade dress
  6. SIL Open Font License

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