Copyright on software code and online content

For developers, designers and content makers, their work is much more than just a set of files; it is a valuable intellectual asset. Every line of code, unique website design or article is subject to copyright, and the best part is that this right arises automatically at the moment of its creation. However, to be able to really protect these assets from theft and misuse, you should know about specific preventive and protective measures. These are the ones we will discuss in this article.

Section 1: What does copyright protect in IT?

When we talk about copyright, the imagination usually pictures writers, musicians, or artists. However, in today’s digital world, developers, designers and system architects are just as fully fledged authors, and their works have just as much, and often much more, commercial value. Copyright law covers many aspects of IT, but it is important to be clear about what it protects and what it does not.

1.1 Software code as a literary work: source and object code protection

It is a fundamental principle that underlies the protection of any software. From the point of view of the law, software code ( both source code and object code ) is equal to a literary work. Just as a writer expresses his idea with words and sentences, a programmer expresses algorithmic logic with a programming language (Python, Java, C++, JavaScript, etc.).

What it means in practice:

• It is the code text that is protected: The specific sequence of commands, file structure, variable and function names, comments – that is, the unique “style” and implementation created by the programmer – are protected.
• Source and object code protection: Copyright applies to both human-readable source code (source code) and compiled, machine-readable object code (object code or binary). This means that it is illegal to copy not only your main.js file, but also the final .exe file of your application.
• It doesn’t matter how simple the code is: Even a small script or function is copyrightable if it is the result of your creative work.

That’s why when someone copies pieces of your code and inserts them into his project without your permission, he commits the same offence as a publisher who prints an excerpt from someone else’s book without the author’s consent. This is the basis for copyrighting code.

1.2. Website as a complex object: protection of design, structure, content (texts, photos, videos)

A website is not just a set of files, but a complex, integrated copyright object consisting of many separate protected elements. If you create a turnkey website, you are actually the author of several works at the same time.

Copyright on the website includes:

• Graphic design: The unique visual appearance of the website – colour scheme, block arrangement, fonts, icons, logo. All of this together constitutes an original work that is protected as a work of fine art.
• Content (content):Each element of content on the website is an independent copyright object. This includes:
  • Texts: Blog articles, product descriptions, texts on the homepage.
  • Photos and illustrations: If you have created or licensed them.
  • Video materials: Commercials, reviews, training videos.
• Website and database structure: The original way in which information is organised and structured on a website, as well as the structure of the underlying database, can also be protected.
• Program code: All the front-end (HTML, CSS, JavaScript) and back-end code that makes the site work.

When someone copies your website in its entirety (“mirrors” it), they violate your rights to this entire set of objects at once. If only certain elements are copied (for example, articles from your blog), this is an infringement of the rights to specific literary works. 

1.3 Databases: what exactly is protected – the structure or the content?

A database is another complex object. Here it is important to distinguish exactly what is to be protected.

• Database structure as a work: If you have developed an original, creative database structure – a unique way of organising tables, links between them, and fields – that structure itself may be protected by copyright. This is the case if there is a significant intellectual investment in its creation.
• Database content (data compilation): Copyright can also protect a database as a collection or compilation of data. In this case, it is not every single fact in the database that is protected (for example, a telephone number or an address are just facts that are not subject to copyright), but the result of creative work to collect, systematise and organise this data. For example, a database of the best restaurants in the city with author’s descriptions, ratings and photos will be protected as a single work.

In addition, the EU has a special sui generisright of protection for databases, which protects significant investment in their creation, even if the content itself is not creative.

1.4 Important: Copyright does not protect ideas, algorithms and methods, but only the form in which they are expressed

This is the most important principle that every developer needs to learn. Copyright law does not protect the idea itself, but only its specific, original embodiment.

What does this mean in practice for IT?

• The idea is not protected: You cannot “forbid” someone to create another messenger, social network or online shop. The very idea of such a service is not copyrightable.
• Algorithm is not protected: The algorithm itself for sorting, encrypting or finding a path in a graph is a mathematical method, an idea. Copyright does not protect it.
• A particular implementation is protected: But your particular programming code that implements that algorithm is a form of expression, and that is what is protected. Another programmer can write his own code that does the same thing, implementing the same algorithm, and it will not be an infringement, provided that he did not copy your code.

This line is very thin, and it is around this line that the fiercest legal battles in the IT world are fought, such as the famous case between Google and Oracle over the Java API.

Section 2: Practical steps for fixing and proving authorship

Copyright arises automatically when a work is created and does not require registration. This is called the presumption of authorship: until proven otherwise, the author is presumed to be the one who first created and made public the work. However, in a world where digital content is copied in seconds, a logical question arises: “ How can I prove that I was the first?”. Just saying “it’s mine” is not enough. You need proof. Fortunately, there are a number of simple and effective steps to help you establish your authorship and make it much easier to prove it in the event of a dispute.

2.1 Presumption of authorship: how to prove that you are the author. Using version control systems (e.g. Git) with date and time stamping

Version control systems (VCS)are a developer’s best friend when it comes to proving authorship , the most popular of which is Git. Every time you make a git commit, you’re not just saving changes. You’re creating an undeniable digital footprint.

What the commit commits to Git:

• Who made the changes (author’s name and email).
• When the changes were made (exact date and time).
• What exactly was changed (diff file showing added and removed lines of code).
• The unique hash of the commit, which is its “digital footprint”.

If you regularly make commits and publish them to a remote repository (e.g. GitHub, GitLab, Bitbucket), you create an unbroken, dated chain of evidence of your work. In the event of a dispute, you can provide a commit history that clearly demonstrates that at a particular date and time it was you who already owned the code. If someone copied your code later, they will not be able to provide a similar proof dated earlier. This is an extremely powerful tool for code protection and should be used from the first day of any project.

2.2 Placement of the © copyright mark: its legal significance and proper design

You have probably seen this sign – © – in the “footers” (footers) of websites or in the “About” section. It is a sign of copyright protection, or copyright mark. In most countries of the world (including Ukraine), its use is not mandatory for the origin or defence of copyright. However, its placement is a very useful preventive action.

Legal significance of the copyright mark:

• Informational function: It clearly tells anyone who sees your work that it has an owner who claims its rights.
• Elimination of “ignorance”: It removes the ability of a potential infringer to say in court, “And I didn’t know this content was protected.” This makes it difficult to prove “innocent infringement”.
• Identification of the author: It indicates exactly who to contact to get permission to use it.

The correct design of a copyright mark looks like this:

1. The © symbol ( or its text equivalent (c)).
2. The name or title of the rights owner. This can be your name (for freelancer) or the name of your company.
3. The year the work was first published. For websites and programmes that are constantly updated, often specify a range of years, such as 2015-2025.

Example for code: // © John Doe, 2025 in the file header.
Example for website: © Horns and Hooves LLC, 2020-2025.

Adding this simple line (copyright for code or content) costs you nothing, but greatly strengthens your legal position.

2.3 Code escrow: storing the source files on secure media or specialised services

Depositing is essentially depositing a copy of your work with a third, independent party who can attest to its existence on a certain date. It is another way to create proof of your priority.

Methods of deposit:

• Physical media: You can burn the source code of your project onto a DVD disc or flash drive and send it to yourself by registered mail with an inventory of attachments. The main thing is not to open the envelope until you need the proof. The postmark on the envelope will record the date. This is a somewhat “old-fashioned” method, but it still works.
• Notarisation: You can print out the key parts of the code and have it notarised by a notary. This is a reliable but more expensive method.
• Date-stamped cloud services: Saving the archive with the code in cloud storage services that record the exact date of the file upload.
• Specialised online escrow services: There are services (e.g. WIPO PROOF, Copyright.com) that allow you to upload a digital file, create a unique “fingerprint” (hash) for it, and provide you with a dated certificate confirming the existence of the file at a particular point in time.

Depositing is particularly useful for fixing authorship on important versions of a product before release, or for works that are not published in open repositories.

2.4 Official state registration of copyright: when it is appropriate and what advantages it provides in court

As we have already said, registration is not mandatory. But in Ukraine there is a procedure of voluntary state registration of copyright, which is carried out by UKRNOIVI. As a result of this procedure, you receive an official Certificate of Copyright Registration for the work.

When it may be appropriate:

• For key commercial products: If software is a core asset of your company.
• For investor relations: An official certificate greatly simplifies the Due Diligence process and increases investor confidence.
• When transferring rights or licensing: The certificate simplifies the execution of contracts.
• To strengthen your position in court: Although the certificate is not a 100% proof of authorship (it can be challenged), it creates a legal presumption. This means that in court it is no longer you who will have to prove your authorship, but your opponent will have to prove that you are not the author. This greatly simplifies the process of proof.

The registration procedure is relatively simple and inexpensive. You submit an application, a copy of your work (e.g., a code listing on a disc), and pay a state fee. For valuable IT assets, obtaining such a certificate is a justified investment in your legal security.

Section 3: Protecting your rights in the event of online infringement

Even if you have taken all preventative measures, the risk that your code, design, or content will one day be copied remains. The Internet makes intellectual property theft extremely easy. But that doesn’t mean you are powerless. There is an arsenal of tools, from peace talks to international procedures, that can effectively combat digital pirates.

3.1 Detecting content theft: tools for monitoring and finding duplicates

The first step to protection is identifying the infringement. You can’t protect what you don’t know about. That’s why regular monitoring is a mandatory part of digital hygiene.

What tools you can use:

• Google Alerts: This is the easiest and free tool. You can set up alerts for unique phrases from your articles or your product names. As soon as Google indexes a new page with such text, you will receive an alert to your email.
• Image search (Google Images, TinEye): If your unique photos, illustrations or infographics have been stolen, you can upload your original image to search and find sites that use it.
• Specialised services for content monitoring: There are paid services (e.g. Copyscape) that allow you to paste the URL of your page and find all its duplicates and partial copies on the internet. This is a powerful tool for bloggers and content project owners.
• GitHub search: If you suspect that someone has copied your open source code without complying with the licence terms, you can search for unique lines or fragments of your code directly in a GitHub search.

Once you’ve found a violation, the next step is to properly document it. Take screenshots, save the web page (Ctrl+S), and if possible, record the violation with a notary (web scoring). You will need this evidence at the following stages.

3.2 Settlement: Send a Cease and Desist letter to the infringer

As with trade marks, the first step should always be amicable. It is not necessary to run straight to court. Often the infringer may not even realise that they are violating your rights, or hope that they will not be noticed. A formal complaint letter, known internationally as a Cease and Desist letter , is a very effective tool.

In this letter, you (or your lawyer) should clearly:

1. State that you are the copyright owner of a specific object (code, text, image).
2. Provide evidence of your authorship (link to your original site/repository, date of publication, etc.).
3. Provide the exact address (URL) where the stolen content is hosted.
4. Make a demand: remove the illegally posted content immediately.
5. Set a deadline for compliance (e.g. 3-5 working days).
6. Warn that in case of non-compliance you will be forced to resort to other methods of defence, including complaints to the hosting provider and legal action.

Such a letter, sent to the offender’s official email account, often resolves the problem quickly and inexpensively. For many small infringers, this is more than enough to remove stolen content. This is the very first and most important step to protect online content.

3.3 DMCA (Takedown Notice) procedure: how to contact your hosting provider or search engine (Google) to remove pirated content

If the infringer ignores your claim, it’s time to take more decisive action by engaging an intermediary. The most powerful tool for this is the DMCA (Digital Millennium Copyright Act) procedure . This is a US law, but its principles have become the international standard for fighting piracy on the Internet.

The essence of the procedure is simple: you, as a copyright holder, send a formal complaint (Takedown Notice) not to the infringer itself, but to the infrastructure company whose services it uses. This can be:

• Hosting provider, whose servers host the site with stolen content.
• Search engine (Google, Bing) to remove the page from search results.
• Social network (Facebook, Instagram, YouTube) if the content is posted there.
• Marketplace (Amazon, Etsy) if they sell a product with your design.

In a DMCA complaint, you must affirm under oath (under penalty of perjury) that you are the owner of the rights and provide all information about the infringement. Most large companies (especially in the US) take the DMCA very seriously. When they receive such a complaint, they usually quickly block the disputed content or the entire site of the infringer, and then offer to deal with the infringer and prove their rights. This is an extremely effective mechanism of online copyright defence, which allows the problem to be resolved without direct contact with the infringer.

3.4 Judicial defence as a last but most effective measure

If the infringement is systematic, causes you significant financial damage, or if the infringer is a large company that deliberately ignores all your demands, the last argument remains – the court. This is the most difficult, long and expensive way, but it is the only way to get full satisfaction.

In court, you can demand not only the cessation of the infringement, but also:

• Compensation for the damage caused: Including both real losses (lost profits) and lost profits.
• Recovery of compensation unrelated to losses: In Ukraine, it can range from 10 to 50,000 minimum wages.
• Confiscation and destruction of counterfeit copies.
• Reimbursement of legal aid costs.

Litigation requires an impeccable evidence base, so all the steps to fix authorship that we talked about in the second section will come in handy. Although it is a last resort, sometimes one high-profile lawsuit win can discourage other market players from copying your intellectual property forever.

Conclusions

Copyright protection in the IT sphere is not a one-time action, but a complex and continuous process. It starts not in the courtroom, but at the moment of writing the first line of code or creating the first design layout. Understanding your rights and taking proactive steps to secure your authorship – using copyright, version control systems, depositing and, if necessary, state registration – are the foundation of your legal security.

Don’t be afraid to assert your rights when faced with theft. The modern internet provides many effective tools, from complaint letters to DMCA procedures, that allow you to fight infringement quickly and cost-effectively. Remember that your code and content is your valuable asset. Besides code protection, it is important to remember about other legal aspects. You can read more about them in our main article“GDPR for Business and IT in Ukraine“. Only a comprehensive approach guarantees reliable protection.