Copyright Issue

[therese]

I recently started working for a small local store that has been in business for 48 years, and who is developing an ecommerce site. The store owner wants to exactly copy the design of another much larger national website. Page set-up and design, font, menu formats, etc. I know that it would certainly be illegal if we were using their images (which we aren't), but is it illegal to use the things such as I have mentioned? It all started out just taking inspiration from this other site, but it has grown and grown to the point that yesterday I heard her yell at the web designer "I want it to look EXACTLY like soandso's site except blue instead of red!".

Certainly, it is not morally right to exactly use someone elses total design, but is it illegal? Michigan, USA

[NetNerd85]

It all depends on how close. If it is exactly a copy with only colour changes then yes it is illegal. It is still a fuzzy topic but there have been cases in America. I would strongly warn the client about the legal issues of copying. If you are unsuccessful with your attempts at getting them to re-think the design stealing then you could always inform the other company once the site is live. The other company is sure to threaten them into taking action... just make sure you cover yourself by informing the client in WRITTEN and verbal communication that they can not copy a design.

[LeeU]

The question also goes to your client: why do you want to copy someone else? Don't you want to stand out? People will become very angry when they realize you're trying to take advantage of the major chain. However, if you client has a unique site, then others will be pleased and see it as their own. instead of trying to rip someone off.

I have visited a few site like that and left immediately because I felt if they would rip off someone else's Web design, what does that say about their product?

[KDLA]

True. I've visited many sites that are Amazon.com knock-offs. I then wonder if they are a legitimate business, based on my experience with spam email/corporate identity theft.

I've done lots of research into online copyright -- I'd guess that, if you construct something that resembles it, but is not reliant upon the same html, css, etc., that you would not be infringing upon copyright.

KDLA

[therese]

Thanks for everyones replies. The store I work at is a very legitimate business, a family business that has been around for 48 years and well known in our area because it carries unique religious gift and religious occasion items. In that respect, we do have different things we are selling than the site we are copying. We are just expanding to an online store.

The developer is definitely doing her own coding, not just copying the other sites html, and we have a graphic designer doing the pictures. They have told the owner they have reservations about copying the design, but she either doesn't believe them or doesn't care, I don't know what. She is a difficult person to work for...

[wh666-666]

What i would be inclined to do is ask the client what they like SO much about the national large site. They want it same design but a different colour but find out what they like so much.

eg: If they love the navigation bar of the other site then try a bar that has the same appeal but is still your own created image (keep your work from base images as proof that you havnt ripped off other peoples designs and state in terms and conditions that any similarity with other peoples work is purely coincidental). Juggle the content layout around a bit and so on and so forth.

The client should be happy with this, if not put your foot down and say you cannot directly copy as you would be liable as well and if they want someone to rip off another business ask a different designer. (even if they bother to contact another designer they will be less polite, then maybe the client will appreciate how reasonable you're trying to be)