RE: Can simple HTML code be copyrighted?

[Edward Barrow <edward@xxxxxxxxxxxxx>]

On Thursday, February 06, 2003 9:29 PM, Neal Pomea [SMTP:npomea@xxxxxxxx] wrote:
> Can HTML code be copyrighted? Are there any cases deciding this?
> 

A web page consists of text and markup; the text is written in (say) English, the markup is written in HTML. 

If what the markup adds to the text is sufficient to pass the modest tests of originality and creativity demanded 
of any copyright work, then copyright will subsist. The language in which it is written is not germane.

Yet many a web-page author learned the tricks of his or her trade by viewing the source of another page.
Whether that constitutes copying  - which is an infringement - or homage/inspiration - will depend on the circumstances 
of the case, and tests such as substantiality. Again, the language of what is copied is not germane.

Edward Barrow 
New Media Copyright Consultant 
http://www.copyweb.co.uk/
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