MightyRecruiterEven though it is usually a good idea to use copyright notices on your products, there is no longer a law in the United States proclaiming that it is a requirement. However, if some of the products or services produced by your business were introduced during the time between the 1976 Copyright Act and the Berne Convention of 1989, copyright use is still quite relevant for you today. Copyright notice may be of importance for you because it shows the public the name of the copyright owner, the first publication year and that the product is protected. In this way, using copyright notices also serves to protect and reinforce your business’s position in the event of an infringement case because it reduces the circumstances in which an offender can claim innocence.
Proper Format for Visually Perceptible Copies
In products from your business that are publicly consumed, there are three main elements that must be included in order to constitute proper copyright notice:
- The word “Copyright,” its abbreviation as “Copr.” or the symbol ©
- The year of the product’s first publication
- The product’s copyright owner –whether it is an individual or a company –written either in full or with a widely-known abbreviation
It is important to note that the copyright symbol is only used with products that are visually perceptible. If your company produces music or sound recordings, you should follow a slightly different protocol.
The Recording Difference
While the aforementioned audio may not be able to bear a symbol for copyright notice purposes, there are still ways of protecting your company’s products, namely through its phonorecords, which are different from sound recordings. While the sound recording is legally defined as the thing you actively hear, the object on which it is recorded is known as the phonorecord. In order to properly affix notice to a phonorecord, you need a circled letter P symbol, the sound recording’s first publication year and the copyright owner’s name or abbreviation. Make sure that this information is readily visible on copies of the container or label for the phonorecord.
Working in Government
If the products you are producing are in association with the United States government, they are not eligible to receive copyright protection. Even works initially produced with the government prior to the Berne Convention in 1989 are no longer subject to the old notice requirements. However, much like products created wholly in the private sector, these older government-associated works with copyright notice do gain the benefit of being able to defeat innocent infringement claims. If your company distributes products consisting primarily of U.S. Government works from before 1989, it should be affixed with a notice and the proper identifying statement.
Unpublished Works
If you or your company produces something that ultimately goes without publication, it might be a good idea for you to put a copyright notice on any phonorecords or unpublished copies of the item in question in the event that it leaves your control. Just be sure to state that it is unpublished in the notice.
Sticking to What Is Required
The Copyright Act of 1976 was an attempt to smooth out some of the rather strict repercussions for failing to include proper copyright notice on products. In it is an outline of steps that businesses can take to remedy any omissions or errors in this regard. Though the effect of this act has been lessened because the inclusion of notice is now optional, its guidelines are still useful for fixing any problems if you do choose to use a copyright notice.
If your business is still in its infancy, it is important that your unique products are protected once you introduce them to the public. Make sure your knowledge of copyright notice is current in order to make this so.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.