How to Stop Trademark Infringement: What Business Owners Need to Know

Your website is one of the most important assets of your business. It represents your brand, communicates with customers, and may contain years of work and investment. 

From website copy and blog posts to photographs, graphics, videos, and original computer code, your website may contain significant amounts of original creative content. 

But can you copyright a website? 

Yes, potentially—but copyrighting a website isn’t as simple as registering the website URL and automatically protecting everything on it. 

Instead, business owners need to understand which parts of their website may qualify for copyright protection, who owns those works, and how copyright registration can help protect valuable content. 

What Does Copyright Protect on a Website? 

Copyright generally protects original creative expression. For a website, that can include many different types of content, such as: 

  • Original website copy 
  • Blog articles 
  • Photographs 
  • Graphics and illustrations 
  • Artwork 
  • Videos and other audiovisual content 
  • Original computer code 
  • Original product descriptions 
  • E-books and downloadable guides 
  • Other original creative materials 

However, not everything appearing on a website is protected by copyright. 

For example, copyright generally does not protect facts, ideas, concepts, or other material that does not contain sufficient original creative expression. 

That’s why I encourage business owners to think about their website as a collection of intellectual property assets, rather than assuming the entire website is automatically protected as one single work. 

Can You Copyright an Entire Website? 

This is one of the most important questions business owners have. 

A website can contain multiple types of creative works, and the U.S. Copyright Office has specific requirements for registering website content. The appropriate registration approach depends on the nature of the works being registered and how the content is organized. 

In other words, you shouldn’t simply assume that registering a website URL means you’ve registered and protected every piece of content associated with that website. 

Instead, you should identify the original creative works you want to protect and determine the appropriate registration strategy. 

The process generally involves identifying the work, determining who owns the copyright, submitting the appropriate application and deposit materials, and paying the applicable filing fee. 

The goal isn’t simply to “copyright the website.” 

The goal is to accurately identify and protect the original creative works that are valuable to your business. 

What Parts of Your Website Should You Consider Protecting? 

I recommend that business owners take an inventory of the creative content on their website. 

Depending on the business, that could include: 

Website Copy 

Original written content, including your home page, service pages, about page, articles, and blog posts, may contain copyrightable expression. 

Photographs 

Original photographs created for your business may also be protected by copyright. 

Graphics and Artwork 

Custom illustrations, graphics, artwork, and other original visual content may qualify for copyright protection. 

Videos 

Promotional videos, educational videos, interviews, and other original audiovisual works may contain copyrightable material. 

Computer Code 

Original computer code may qualify for copyright protection, subject to the applicable copyright rules and limitations. 

Downloadable Materials 

E-books, guides, original reports, worksheets, and other downloadable materials may also contain copyrightable expression. 

Not every item necessarily needs its own registration, and not everything on a website will qualify for copyright protection. 

The first step is identifying what is original, creative, and valuable to your business and then determining the most appropriate way to protect it. 

Copyright vs. Trademark: What’s the Difference? 

One of the biggest misconceptions I see is that copyrighting a website automatically protects the business’s entire brand. 

It doesn’t. 

Copyright and trademark law protect different types of intellectual property. 

Copyright generally protects original creative expression. 

Trademark law protects words, names, symbols, designs, and other identifiers that distinguish the source of goods or services. 

For example, a business might have: 

  • A business name that functions as a trademark 
  • A logo that may involve both copyright and trademark considerations 
  • Original website copy protected by copyright 
  • Original photographs protected by copyright 
  • A slogan that may qualify for trademark protection 
  • A domain name used as the business’s web address 

Registering copyright in your website content does not automatically give you trademark rights in your business name or brand. 

That’s why I encourage business owners to think about intellectual property protection as a portfolio rather than a single registration. 

Different assets may require different forms of protection. 

Copyright Notice vs. Copyright Registration 

Another common misconception is that putting a copyright notice on your website is the same as registering your copyright. 

It isn’t. 

A copyright notice might look something like: 

© 2026 [Business Name]. All Rights Reserved. 

A notice can communicate that your business claims copyright in its content. However, a copyright notice is not a substitute for copyright registration with the U.S. Copyright Office. 

Registration creates a formal public record of the copyright claim and can provide important legal benefits if you later need to enforce your rights. 

For that reason, I encourage business owners to think about registration proactively rather than waiting until someone copies their content. 

Who Owns the Copyright in Your Website Content? 

Before registering a copyright, it’s important to determine who actually owns the work. 

This is an area where business owners can make costly assumptions. 

For example, a business may assume that because it paid a website developer, photographer, graphic designer, or marketing agency to create something, the business automatically owns all of the copyright rights in that work. 

That’s not necessarily the case. 

Different rules can apply when a work is created by an employee versus an independent contractor. 

With freelancers and contractors, written agreements are especially important. 

Depending on the circumstances, an agreement may need to address work-made-for-hire provisions and/or a copyright assignment. 

I tell business owners: 

Don’t wait until there is a dispute to figure out who owns the work. Put the ownership terms in writing at the beginning of the relationship. 

What About Third-Party Content? 

Businesses also need to be careful about content they didn’t create themselves. 

Websites frequently contain third-party materials such as: 

  • Stock photographs 
  • Fonts 
  • Graphics 
  • Software 
  • Templates 
  • Music 
  • Videos 
  • Other licensed materials 

Just because something is available online doesn’t mean you automatically have the right to copy or use it. 

Business owners should understand the applicable license or permission associated with third-party materials and keep records documenting those rights. 

Contracts, invoices, licenses, assignments, and other documentation can become particularly important if an ownership or infringement dispute arises. 

What Should You Do If Someone Copies Your Website? 

Discovering that another business has copied your website content can be frustrating. 

The first step is to document everything. 

Take screenshots of the copied content, save the URLs, record when you discovered the copying, and preserve evidence showing your original work and the unauthorized use. 

Next, determine exactly what was copied and whether your business owns the copyright in that material. 

Depending on the circumstances, potential options may include: 

  • Contacting the other party 
  • Sending a demand letter 
  • Submitting an appropriate DMCA takedown request to a service provider 
  • Pursuing other available legal remedies 

The appropriate response depends on the facts of the situation. 

A quick response is important, but an informed response is even more important. 

Common Mistakes Business Owners Make 

When businesses attempt to protect website content themselves, I commonly see several mistakes. 

One is assuming that the business owns everything on the website simply because the business paid for it. 

Another is failing to conduct a proper inventory of the website’s intellectual property. 

Businesses may also overlook the importance of contracts with freelancers, photographers, designers, marketing agencies, and website developers. 

Finally, some businesses focus on registering a copyright without first determining who actually owns the copyright. 

Ownership should be addressed before registration—not after a dispute arises. 

My Golden Rule for Protecting Website Content 

My golden rule is simple: 

If you invested time and money creating something valuable for your business, don’t assume that simply putting it online means you’ve protected it. 

Before launching a website, business owners should think about what intellectual property they are creating and who owns each piece. 

That may mean considering: 

  • Copyrights for original creative content 
  • Trademarks for brand names, logos, and other brand identifiers 
  • Contracts establishing ownership when third parties are involved 
  • Licenses for materials owned by others 
  • Copyright registration for works where registration makes strategic sense 

Your website isn’t just a marketing tool. It can be a collection of valuable intellectual property assets. 

Protect Your Website Before You Need to Enforce Your Rights 

So, how do you copyright a website? 

The answer begins with understanding what you’re actually trying to protect. 

Rather than treating your website as one single asset, identify the original creative works it contains. Determine who owns those works, make sure your contracts properly address intellectual property rights, and consider whether copyright registration is appropriate. 

At the same time, remember that copyright is only one part of an intellectual property strategy. Your business name, logo, slogan, and other brand identifiers may raise separate trademark considerations. 

Protect your intellectual property before you need to enforce it. 

It’s much easier to build intellectual property protection into your business from the beginning than to untangle ownership and infringement problems later. 

If you’re unsure what parts of your website may qualify for copyright protection or how copyright and trademark protection can work together, an intellectual property attorney can help you evaluate your assets and develop a strategy tailored to your business. 

Schedule Your Initial Consultation 

Azalea IP Law Serving clients in Albuquerque, throughout New Mexico, and nationwide. (505) 585-3444 

Written by Svitlana V. Anderson, Attorney and Founder of Azalea IP Law. Svitlana is an intellectual property attorney licensed to practice law, fluent in English, Ukrainian, and Russian, with more than a decade of experience in trademark and copyright law. 

 

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