Website as an object of copyright

In recent decades, our country has indeed experienced an era shift — print media is losing its leading position in the field of information provision, and the market is being overtaken by the global information network — the Internet. While the scale of the content delivered online is hard to assess, its quality and source should still be monitored to protect each individual's copyright.

In this article, we aim to focus on a copyright object such as a website, as it has become the primary information resource on the Internet, and orders for its creation are becoming increasingly popular.

The term "website" or its synonymous concept does not have a specific definition in Law No. 262-Z "On Copyright and Related Rights" (hereinafter referred to as the Law). However, we propose that it directly relates to copyright objects (considering that their list is not exhaustive), based on an analysis of paragraphs 1 and 2 of Article 6 of the Law for the following reasons:

There are two main requirements for copyright objects:

1. The object must exist in some tangible form. In our case, a website exists in an electronic form.
2. The object must be a result of creative activity. Whether a website qualifies as a creative "product" needs to be evaluated.
   
   

In Belarus, a website is understood to be a collection of web pages physically located on a single web server and united by a single name, common theme, and navigation system (as defined in subclause 3.3.9 of clause 3.3 of the Belarusian State Standard STB 1693-2009).

So, we have multiple pages, a single theme, a unified design, a basic navigation structure, programming code, informational blocks containing targeted content, and many other elements. Will all this be recognized as a copyright object? Yes, but only if all the aforementioned elements were created by a person independently, without using template elements already available on the Internet, with individual development of the website’s color scheme and navigation system. In other words, a website that possesses characteristics such as creative novelty, individuality, and uniqueness can be recognized as a result of creative activity.

It's also important to consider the content of the website itself, as all video, photo materials, texts, images, and hyperlinks to other websites are independent copyright objects. Using these without the author’s consent could lead to legal claims.

Now that we have determined that a website is indeed a copyright object, with both personal and property rights belonging to the author, it is important to review the process of its creation, whether by a professional legal entity for a company or by an individual entrepreneur upon request.

It’s crucial to understand that personal non-property rights belong to the author regardless of their property rights and are retained even if the property rights to the intellectual activity results are transferred to another person. In practice, an organization that creates a website under a contract may indicate copyright protection using a sign composed of three elements: the Latin letter “C”: ©, the name of the rights holder, and the date of the first publication. This method of protection is quite common and popular.

Thus, when two organizations enter into a contract, which includes a client and a contractor, the main focus should be not only on the description of the website being created but also on the procedure for transferring property rights to the website. The nature of the contract is more akin to a mixed type, as it combines elements of a contract for work (work + result within a specified timeframe) with elements of a licensing agreement or an exclusive rights assignment agreement. Currently, there are ongoing discussions in both Belarusian and Russian platforms about which type of contract best fits website creation.

Generally, the client is more interested in the end result rather than the development process itself. Their goal is to receive a completed website within the agreed timeframe with the characteristics specified in the contract. If the company also provides consulting services in addition to development, elements of a service agreement may also arise. In such cases, it’s necessary to combine all mandatory norms inherent in each type of contract in one agreement — the contract.

Moreover, besides conditions like deadlines, contract subject, and payment price, the parties need to determine how the rights to the created intellectual property will be transferred. This section of the contract should specify who will hold the property rights after the website’s creation, when the transfer occurs, who has the right to make any corrections or changes, and who is responsible for the subsequent content updates.

The insufficiently regulated aspect of Belarusian legislation concerning the creation of a copyright object like a website has both positive and negative sides. On one hand, you can define the terms of the contract according to your preferences and what is beneficial for you as either the contractor or the client. On the other hand, in case of a dispute between parties, the judicial system may lack the necessary expertise and experience to fairly adjudicate cases of copyright infringement or non-fulfillment of contract terms.

In conclusion, if needed, we can help you draft a contract for the creation of an intellectual property object, such as a website, that will serve you throughout the further activities and fully align with your interests. If you are a client commissioning a website, we can also review the draft contract provided by the contractor to ensure it meets your interests. If revising the contract takes less than 30 minutes, this service will be provided free of charge.