An original website is protected by copyright law as soon as it is "fixed in a tangible medium of expression." A computer or server hard drive would qualify as a tangible medium of expression and the website would be "fixed" when it is saved on the hard drive. Thus, you are correct that a website is generally protected by copyright law when it is created. To address your question about challenges with verifying creation dates, it is important to remember that enforcing rights under copyright law requires proving, with evidence, that you have valid rights and that someone infringed your rights. You would need to prove that your website was created on a given date before it was copied to prove that someone copied your website. In addition, you would need to prove that some copied your website as opposed to independently creating his own website that happened to look similar.
Answered on Aug 08th, 2013 at 12:15 AM