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Is CSS Copyrightable?


Danny696

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Not sure why I was looking at this, but I found it interesting, and though you might too.

 

I forgot about this issue that I was investigating in December last year for worldwide usage by international organizations. And I share the results (summary there of) with you.

I was prompted (reminded) of this when i saw a CSS style author here on deviantART that allowed use of the code, but no modifications of it.

So, here is the real deal boys and girls.

First, a short answer to a question (for the impatient ones): "Is CSS Copyrightable?"

No. Absolutely NOT. (note: This is valid only for the CSS code itself not any images it may reference.)

For those that would like to know the dirty details... ...read on.

CSS is not copyrightable per se (as such) because of the software restrictions. As you may, or may not know, software copyright is quite a bit different from 'normal' literary copyright everyone is used to.

You can copyright CSS as a part of the so called 'trade dress' which basically includes overall design (images, code, behavior, interaction, look and feel) as a trademark of 'trade dress'. Trade dress is the way you (or a company) diversifies itself and its product from other similar ones.

You can not copyright CSS for at least one reason (but others apply as well) and that is: "The code fragment in question must generate machine code in the executable" to be copyrightable (executable being .exe or any other executable format (examples include is Linux 'executables' and Mac 'executables') as well as executable code generated from HTML (and other languages that generate HTML code: asp, php, jsf, etc...) for the browser (contrary to popular belief HTML is not the basic language for internet browsers, but law considers the executable to be code generated by it for the purpose of displaying in Internet browsers or other viewing programs).

By means of example code sample:

/* ab == ab++; */

is not copyrightable (it does not appear in generated machine code), but

ab == ab++

is by the standard that it is generate in the executable (BUT, it is still not copyrightable under the "efficiency" parts of software copyright case law).

So... the bottom line is: The CSS Code is not copyrightable, and lawyers and solicitors from Japan, China, USA, UK, EU, and others consulted last December - agree. You can use CSS created by others to make your own designs, copy someone else's (excluding the use of IMAGES and other INCLUDABLES) and use it, change designes, create new ones from the others' CSS templates etc.

One other thing to be careful of is also the use of color within CSS, as this together with CSS can be trademarked as trade dress and therefore be enforceable if you are competing directly or indirectly with the original creator.

As much (if not all) of the CSS available on deviantART (excluding the deviantART's CSS itself since it MAY BE (but is not currently - correct me if I am wrong) part of the deviantART trade dress) is not a part of trade dress of any kind YOU ARE FREE to modify it to your needs (note the images, includables and color information above).

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Guest LostOne

I agree - how can you copyright a language? That would be like somebody trying to copyright the english dictionary.

css was created for all to use as they wish and if the intentions of the creators are as such, then nobody else can claim any part to be their own.

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I agree - how can you copyright a language? That would be like somebody trying to copyright the english dictionary.

You can own a copyright in dictionaries. Open the Oxford Concise Dictionary and you will find copyright information. Language does not equal dictionary...

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