Is a Copyright Notice Required?

U.S. law no longer requires the use of a copyright notice.  However, owners of older works published before January 1, 1978 are still manditorially required to use a copyright notice because they are still governed by the prior law that did contain that requirement.

Under that law, if a work was published under the copyright owner’s authority without a proper notice of copyright, all copyright protection for that work was permanently lost in the United States.

The Benefits of a Copyright Notice

Although a copyright notice is not required, it is certainly beneficial. A copyright notice informs the public that a work is protected by copyright, identifies the copyright owner, and shows the year of first publication.

More importantly, in the event that a work is infringed, if a copyright notice was used, the court will not give any weight to a defendant’s claim that they did not realize that the work was protected (referred to as an innocent infringement defense).

How to Create a Copyright Notice

In general, in order to be valid, a copyright notice should contain:

  • The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”
  • The date of publication, and
  • The name of either the author or the owner of all the copyright rights in the published work.

Example: © 2011 Jane Doe

How I Can Help

Of course, this post provides only a broad overview of copyright notices. If you are seeking to copyright a work, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.  Connect with me on Google +.

– Ex astris, scientia –

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