Is the La Rochelle website, including the slogan, protected by copyright law?
Copyright law protects text, images and other forms of expression.
The requirements for protection are as follows: (1) The creation is a ‘work’ or ‘subject matter other than works’; (2) The creation is original; (3)The creation is expressed in a material form.
The slogan is not a ‘work’ or ‘subject matter’ because Single words, names, titles, slogans are too short to be protected as literary works. They may, however, be protected as trade marks.
The website is a ‘work’ or ‘subject matter’ because colour scheme, the font are artistic works; and menu is a literary work.
The website is ‘original’ because La Rochelle website is created by Rochelle, it’s creator’s own skill.
The website is ‘expressed in a material form’ because the website includes wording, content and layout.
The slogan is not protected by copyright.
The website is protected by copyright.
Has Jonny infringed Rochelle’s copyright?
Copyright is directly infringed when a person exercises the exclusive rights of the copyright owner in relation to the creation without the owner’s permission to do so. One of those rights is the right to copy the creation.
The requirements to establish infringement are as follows: (1) A substantial part has been copied. (2) There is objective similarity between the original and the copy. (3) There is a causal connection between the original and the copy.
A substantial part of the La Rochelle website has been copied because the colour scheme, the font and the menu design from Johnny’s website are same as the La Rochelle’s website, also those parts are important for a website.
There is objective similarity between the two websites.
There is a causal connection between two websites because Johnny’s website is not created independently and Johnny had access to the original creation.