Is it ethical or legal to copy HTML from another sender's email template?
Michael Ko
Co-founder & CEO, Suped
Published 27 Jun 2025
Updated 18 Aug 2025
7 min read
It is tempting to see an email with a stunning design and wonder if you can simply copy its HTML to use for your own campaigns. The thought might cross your mind, "Why reinvent the wheel if someone else has already built a beautiful and effective design?" While the idea of saving time and effort is appealing, diving directly into another sender's email template without understanding the implications can lead to serious legal and ethical issues, alongside potential deliverability problems.
The internet is a vast source of inspiration, and it is common for designers and developers to draw ideas from existing work. However, there's a fine line between inspiration and outright duplication. Copying HTML directly from another sender's email template, even if you intend to modify it significantly, touches upon areas of copyright law and industry best practices that are crucial for email marketers and developers to understand.
My goal here is to help clarify the complexities involved, offering a guide to navigating the ethical and legal landscape of email template design. Understanding these nuances will not only protect you from potential legal challenges but also ensure your email marketing efforts maintain a strong sender reputation and achieve optimal deliverability.
Legal implications of copying HTML
HTML code, like any other creative work, can be protected by copyright. This means that the original creator holds exclusive rights to reproduce, distribute, and display their work. When you copy HTML from an email, you are potentially infringing on these rights, even if you plan to make changes. The extent of copyright protection can vary based on the originality and complexity of the code. Simple, functional code elements might not be copyrightable, but a unique or highly structured template often is.
It is important to remember that simply because something is publicly accessible does not mean it is free to use. Many websites clarify their terms of use, but emails generally do not come with such explicit permissions. According to FindLaw, copying material from a website, book, or other document without permission is not legal. The same principle extends to email templates.
While copying a few lines of code for learning purposes might be acceptable, extensively copying an entire template, even with modifications, crosses into a legally ambiguous area. The general consensus from developers is that copying someone's HTML work is not okay because it is still subject to copyright. It is always safer to derive inspiration and rebuild from scratch, or use readily available royalty-free templates.
Inspiration
Learning: Analyzing an email's HTML structure to understand how certain effects or layouts are achieved without directly copying it.
Adaptation: Taking broad concepts or stylistic elements and integrating them into your own unique design, building from the ground up.
Ethical: Respects the original creator's work while fostering your own creativity.
Direct copying
Infringement: Copying substantial portions of code directly. This includes the structure, styling, and unique functionalities.
Plagiarism: Presenting another's work as your own, even if modified to fit your branding. It lacks originality.
Risk: Potential for legal action, reputational damage, and technical issues like broken links or hidden code.
Ethical considerations and industry norms
Beyond legalities, ethical considerations play a significant role. The email marketing community thrives on innovation and respectful competition. While learning from others' work is part of growth, directly lifting their efforts without permission or attribution is generally frowned upon. It can be seen as undermining their creative investment and can damage your reputation within the industry if discovered.
Ethically, it is important to develop your own unique brand identity and design language. Relying on copied templates can hinder your ability to truly differentiate your brand. It also means you are not fully in control of the code's quality or its potential impact on your deliverability. For example, if the copied HTML contains elements that trigger spam filters, you might face deliverability challenges that you could have avoided by building your own clean template.
Ethical best practices for email design
Be inspired, don't copy: Use templates as a starting point for ideas, then build your own from scratch.
Focus on unique branding: Develop a distinct visual identity that reflects your brand, not another's.
Attribute when necessary: If you use a freebie template, credit the original creator in your source code.
The principle of cloning website code legally is often about understanding what elements are fundamental and not copyrightable versus those that are original creative expressions. It is a nuanced area, and when in doubt, it is best to err on the side of caution and create original content.
Practical implications for deliverability
While the legal and ethical aspects are paramount, copying HTML from another sender's email template can also have significant consequences for your email deliverability. Even if the original template is well-coded, changes or adaptations you make might introduce errors or elements that negatively impact how your emails land in the inbox. Inconsistent or poorly optimized HTML can lead to increased spam complaints and a lower sender reputation.
Email service providers (ESPs) and mailbox providers like Google and Outlook analyze HTML structure as part of their spam filtering algorithms. They look for clean, semantic, and mobile-responsive code. If your copied template has hidden elements, excessive styling, or deprecated tags, it can signal suspicious activity and increase the likelihood of your emails landing in the spam folder. You can learn more about how email HTML templates affect deliverability in our dedicated guide.
Issues with HTML, such as unclosed tags, inline CSS that's too heavy, or responsive design that breaks, can all contribute to deliverability problems. These technical flaws can cause rendering issues across different email clients, leading to a poor user experience and potentially increasing the chances of your emails being marked as spam. Consistent inbox placement is crucial, and bad HTML can seriously jeopardize it, sometimes even leading to your domain being placed on a blacklist (or blocklist). Our guide on how HTML coding affects email deliverability provides further insights.
HTML element
Deliverability impact
Hidden text or links
Can trigger spam filters as it's often used in deceptive practices. Mailbox providers might penalize domains using this.
Excessive inline CSS
Increases email size and can sometimes be seen as spammy, impacting loading times and rendering accuracy.
Poor mobile responsiveness
Leads to bad user experience, potentially increasing complaints and unsubscribes. Mailbox providers value mobile-friendly emails.
Broken links or images
Signals a lack of care and professionalism, which can negatively impact sender reputation and lead to spam placement.
Building your own templates
Instead of copying, focus on learning and recreating. Many email template builders offer robust features that allow you to design visually appealing emails without needing to write HTML from scratch. These builders often come with pre-vetted, responsive templates that you can customize to fit your brand, ensuring both compliance and deliverability. They help you avoid the pitfalls of using messy or copyrighted code.
If you prefer to code your own templates, start with a basic, clean HTML structure. You can be inspired by others' designs but build your own elements and layouts. This approach not only ensures you own the code and respect intellectual property rights but also gives you full control over optimization for deliverability and rendering across various email clients. A clean, basic HTML email structure might look something like this:
Building your own template ensures you understand every line of code, making it easier to troubleshoot deliverability issues and optimize for performance. It also solidifies your brand's unique presence in the inbox, preventing any potential accusations of content infringement (or copyright infringement).
Views from the trenches
Best practices
Always aim to build your own unique email templates from scratch, even if inspired by others.
Use reputable template builders that provide royalty-free or licensed components to ensure compliance.
Regularly test your email HTML across various email clients and devices for optimal rendering and deliverability.
Common pitfalls
Directly copying large sections of HTML code from another sender's email template.
Failing to remove all branding elements, links, and hidden code from a copied template.
Not understanding the potential legal and deliverability risks associated with using someone else's code.
Expert tips
Consider investing in professional email design services for complex or high-volume campaigns.
Utilize tools that validate your HTML against email client compatibility standards.
Stay updated on email coding trends and changes in spam filtering algorithms for better inbox placement.
Marketer view
Marketer from Email Geeks says they typically purchase their templates, but it is acknowledged that many HTML craftspeople initially learned by studying others' code.
2025-03-27 - Email Geeks
Expert view
Expert from Email Geeks says they generally advise against directly copying and pasting others' code.
2025-03-27 - Email Geeks
Final thoughts on email template integrity
While drawing inspiration from other email templates is a natural part of the creative process, directly copying their HTML presents significant legal, ethical, and deliverability risks. Prioritizing originality, clean coding practices, and respecting intellectual property not only safeguards your brand but also contributes to a healthier email ecosystem and ensures your messages reliably reach the inbox.
Google and 
Outlook analyze HTML structure as part of their spam filtering algorithms. They look for clean, semantic, and mobile-responsive code. If your copied template has hidden elements, excessive styling, or deprecated tags, it can signal suspicious activity and increase the likelihood of your emails landing in the spam folder. You can learn more about how email HTML templates affect deliverability in our dedicated guide.
