What is a Copyright Notice
A copyright notice is an indicator that informs others that a work which bears the notice is protected by copyright and identifies the owner of the work.
A copyrighted work does not need to include a copyright notice for the work to be protected under the law, but that was not always the case. Prior to 1989, including a copyright notice on a copyrighted work was required under U.S. law. Although copyright notice is no longer required, a copyright owner would be wise to include a copyright notice because it prevents an infringer from raising a defense of innocent infringement and identifies the copyright owner for parties seeking permissions or licenses to use the work.
What Is Included in a Copyright Notice?
A proper copyright notice consists of three elements: a © symbol, the year of publication, and the copyright owner’s name.
- © Symbol: Most works should include the © symbol. (Although U.S. law also allows the word “Copyright” or the abbreviation “Copr.”, the © symbol is preferable because it is internationally recognized whereas the other terms may not be). In the case of sound recordings, the ℗ symbol (the letter “p” in a circle), which stands for phonorecords, should be used instead.
- Year of Publication: If the work has been published, the year of publication should be included. If the work is unpublished the notice should indicate the unpublished nature of the work in lieu of a year. When a pictorial, graphic, or sculptural work with accompanying text (if any) is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or a “useful article,” the year may be excluded from the notice.
- Copyright Owner’s Name: The notice should include the name of the copyright owner or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
For example, a proper notice would look like this: © 2024 Copyright Alliance
Where and How to Place a Copyright Notice?
The notice should be affixed to copies of the copyrighted work in a way that gives reasonable notice of the claim of copyright. The U.S. Copyright Office has guidelines to help copyright owners determine the manner and location of affixing the copyright notice to different types of works. More information from the U.S. Copyright Office about proper copyright notice can be found in the Office’s Circular.
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