The Significance of the Copyright Symbol: Understanding Copyright Notice in the Digital Age

In the realm of copyright law, the use of the copyright symbol serves as a valuable practice, known as “notice,” according to attorneys specializing in copyright law. This practice is governed by 17 U.S.C. § 401, emphasizing the importance of alerting the public to the protected status of a work.

The statute, specifically 17 U.S.C. § 401, outlines that when a copyrighted work is published, the copyright owner has the option to include a notice of copyright on publicly distributed copies. Importantly, the term “may” indicates that the use of the copyright symbol is not mandatory.

Copyright Symbol

For copyright owners choosing to include the copyright symbol, specific requirements must be met:

1. Symbol or Words: The symbol © (the letter C in a circle), the word “Copyright,” or the abbreviation “Copr.”
2. Publication Year: The year of the work’s first publication.
3. Owner’s Name: The name of the copyright owner.

The placement of the notice is crucial, as it should be affixed to copies in a manner and location that provides reasonable notice of the copyright claim.

While the use of the copyright symbol is not obligatory, there are compelling reasons for copyright owners to consider it. Section 17 U.S.C. § 401(d) underscores that defenses such as innocent infringement may not apply if the copyright symbol is absent, potentially exposing the copyright owner to increased damages.

In essence, utilizing the copyright symbol is a proactive step for copyright owners, serving as a safeguard to protect their creative works in the ever-evolving landscape of digital content.

Do you have a question about copyright law?  Contact us at anthony@vernalaw.com or call us at 914-908-6757.