Proper use of copyright symbol
All that is required is the copyright symbol (you can also use “Copyright” or “Copr.”), year of first publication, and the name of the copyright owner. In other words, the defendant cannot successfully argue that he was unaware that the work bearing proper notice was protected by copyright. Second, proper notice on a copyrighted work prevents a defendant in an infringement suit from successfully claiming innocent infringement.
First, it puts the public on notice that you are the copyright owner - you are clearly alerting the world that you own the rights to the work. While notice symbols are not required under law, there are benefits to using them.ĭespite its optional nature, proper notice of copyright will bolster your rights in the work in two important ways.
#Proper use of copyright symbol registration#
Like with copyright, you establish rights in a mark regardless of registration with the PTO. Similarly, you can establish rights in a trademark once you begin offering goods and services in commerce and you use your mark on or in connection with those goods or services (e.g., on product packaging, on delivery vans, or on menus). When you write a poem on a cocktail napkin, you own the copyright to that poem (assuming it is your original creation). Copyright attaches to any work once it is fixed in a tangible medium, regardless of registration with the Copyright Office.
You do not need notice of copyright (©) or trademark (TM, SM, ®) to establish your respective rights - the law does not require it. Did you ever wonder why a pamphlet someone hands you on the street bears a copyright notice? Or why the logo on your plumber’s truck has TM beneath it? What good do these notice symbols do? Do you have to include notices on your written materials or next to your trademarks? When can and should you use notices?