Eye on IP

Vol. No. 2011
Friday, December 30, 2011

Copyright FAQ: Is a Copyright Notice Required?

U.S. law no longer requires the use of a copyright notice. However, prior law did contain such a requirement, and the use of a notice is still relevant to the copyright status of older works.
Works published before January 1, 1978, are governed by the previous copyright law. 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 he or she 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 We Can Help

Of course, this post provides only a broad overview of copyright notices. If you are seeking to copyright a work, it is advisable to consult with an experienced intellectual property attorney.

At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge - and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.

Contact our knowledgeable intellectual property attorneys today TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) to find out how we can provide a powerful defense of your unique ideas.