Despite the fact that copyright law automatically protects original materials, posting a copyright disclaimer on your website or app tells your customers about the rights you have concerning your content.
And while it’s not really necessary to register to get copyright protection; however, there are a number of benefits to official copyright registration. Let’s look further.
What Is a Copyright?
First, it’s important to know that a copyright is the exclusive legal right over how original content or materials you’ve created are duplicated, shared, printed, performed, or published by others. A copyright gives you the exclusive rights to reproduce, distribute, sell, display, or perform your work publicly. You also have the right to create derivative works based on the original work. A “derivative work” is a new creation that incorporates elements of a pre-existing, copyrighted work. That includes work such as translations, musical arrangements, or film adaptations, which require the original copyright holder's permission for creation.
In addition, a copyright lets you authorize or restrict others in exercising these rights—this further protects your original works in the event they’re stolen or plagiarized.
Again, in the United States, a creator’s original materials are protected by copyright law when it’s created and released to the public—even if you don’t post a copyright notice. However, if you want to make certain you have added additional protection for your works and potentially limit paying costly legal fees in the future, a copyright notice to your content may help. This notice can deter copyright infringement and the unauthorized reproduction, distribution, or displaying of copyrighted materials. In addition, you can register your copyright with the U.S. Copyright Office.
What Are the Elements of a Copyright?
Copyright notices are simple to create and typically have these four parts:
- Copyright symbol © or the word “copyright”:
- The year in which the material was published;
- The name of the copyright owner; and
- The rights that are retained by the copyright.
Why Should Use a Copyright Notice?
Business owners with IP should use a copyright notice because (i) it lets the public know that your work is copyrighted and not intended for public use; and (ii) if there’s a copyright infringement lawsuit, posting a copyright notice can make it easier to show that the infringer had willful intent to use. It’s an extra level of protection if infringement does happen.
Moreover, a copyright notice is a visual reminder to users that your work is protected by copyright, which decreases the odds of copyright infringement. It demonstrates that you understand the law and will enforce your rights in the event of the misuse of your work.
Contact Us
Posting a copyright notice protects your creations; it gives proof of ownership and helps you demonstrate that infringers should’ve been aware of the copyright statement and of the rights you retained over the materials.
Contact LOVE LAW FIRM PLLC with your questions about copyrights and to schedule an intellectual property audit for your company.
If you liked this article, check these out as well:
Copyrights vs. Trademarks vs. Patents
Protecting Your Brand Name as a Small Business Owner
Francine E. Love is the Founder & Managing Attorney at LOVE LAW FIRM PLLC which dedicates its practice to serving entrepreneurs, start-ups and small businesses. The opinions expressed are those of the author. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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