You can’t Copyright a Domain name. As well as you can’t Copyright any Title alone! Period! Usually, for them, one opts for Trademarks, or the earlier existence of such itself, makes a stronger case!
And when it comes to the Websites, it is a well-known fact that one needs to dismantle every element of it, and then, that individual elements can be copyrighted. But, now my dilemma awakens from hibernation!
Look:
What I contend that with/for every website, let the source code also be asked for! Aye Aye! Why? In any case, Codes like HTML have no relevance in the copyright itself today. Anyone can generate that, and then claim for the same, until been subjected to the similarity index! I ain’t an IP Shark, nor, support such individuals who pretend to be, be it anyone! YET, you need to understand that for what you’re giving the Perpetuity Rights, is it for the genuine thing or not, and that needs to be clarified! And with Websites, the same case is involved! How you got the output, that matters. Thus, along with the websites, the source code should always be asked for. Object Code may be necessary, as that proves that the code actually ran, that’s how the output was produced; YET, in my previous blog, I contended that, the copyright of the Object code ALONE, even under the Rule of Doubt, doesn’t make any sense and shouldn’t be allowed, until and unless, the entire code, is being reversed back to the source code itself by the examining authority, and along with that only, the copyright should be accepted.And that’s why the Websites come into picture. But how it would be executed? As before accepting for the literary/dramatic or the artistic works, and just alike been asked in the case of cinematography works, a question should be raised that: Whether such Works are Integral Part of any Website or not and for which the Applicant also owns or claims for the ownership of Source Code of the same? If not, then that work should be considered as the work of literary or artistic or dramatic works; and if in case Yes, then the source code should be asked! But then what about the copyright works published on the third party platforms? In that case Amazon? In that case, those third parties always take permission from the owners of the copyrights, thus, now applicable. I’m only writing about for the ones who wants to copyright website contents’ and who also claim to be the owner of its source code. They are my Teletubbies herein.
So, just alike the Cinematic Works, wherein individual permission from different artists are required, similarly, in the case of the websites too, but with a twist!
Thus, websites should be considered like SERIES MARKS (an analogy). And it should be considered as part of the series only!
Am I missing something?
Think about it! 😊
© Pranav Chaturvedi
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