The law is a jealous mistress, and requires a long and constant courtship.

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Legal Definitions - copyright notice

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Definition of copyright notice

A copyright notice is a concise, formal statement placed on a creative work to inform the public that the work is protected by copyright law. It typically consists of three key elements: the copyright symbol (©), the year the work was first published, and the name of the copyright owner.

While a copyright notice is no longer a mandatory legal requirement for a work to receive copyright protection in many countries (including the U.S. for works published after March 1, 1989, due to international agreements like the Berne Convention), it still serves several important functions. It clearly identifies the copyright holder and the publication date, which can help deter potential infringers. Furthermore, if an infringement does occur, the presence of a clear copyright notice can prevent an infringer from claiming they were unaware the work was copyrighted, which might otherwise reduce the damages they would have to pay. The notice must be placed in a way that is reasonably visible during normal use of the work.

Here are some examples illustrating the application of a copyright notice:

  • Example 1: Website Footer
    At the very bottom of a popular online magazine's homepage, you might see the text: "© 2023 Digital Insights Magazine. All Rights Reserved."

    Explanation: This notice clearly indicates that the content published on the website in 2023, including articles, images, and design elements, belongs to "Digital Insights Magazine." It informs visitors that these materials are protected by copyright, discouraging unauthorized copying or use and identifying the legal owner.

  • Example 2: Software Application "About" Screen
    When you open the "About" section of a desktop software application, a pop-up window displays information including: "Copyright © 2024 InnovateTech Solutions Inc."

    Explanation: This statement identifies "InnovateTech Solutions Inc." as the legal owner of the software's code, design, and associated intellectual property, first released in 2024. It serves as a public declaration that the software is protected by copyright, and unauthorized distribution or modification is prohibited.

  • Example 3: Musical Album Liner Notes
    Inside the physical CD booklet for a new music album, alongside the song lyrics and musician credits, there is a line stating: "℗ & © 2023 Melody Makers Records." (Note: The '℗' symbol specifically denotes copyright in sound recordings.)

    Explanation: This notice identifies "Melody Makers Records" as the copyright owner of both the sound recordings (℗) and the musical compositions/lyrics (©) first published in 2023. It informs listeners and other parties that the album's content is legally protected, and any unauthorized reproduction or public performance requires permission from the copyright holder.

Simple Definition

A copyright notice is a statement informing the public that a work is copyrighted, identifying the owner, and showing the year of first publication. It typically includes the copyright symbol (©), the owner's name, and the year. While no longer legally required for works published after March 1, 1989, it was mandatory for older works and still offers benefits, such as preventing an innocent infringement defense.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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