A copyright notice is a specific type of formal statement placed on copies of a works of original authorship. For works published before 1989, a copyright notice was required for the work to have the full protections of US copyright laws. However, since 1989, a copyright notice is not required for full legal protection, but has several distinct legal advantages. Using a copyright notice does not require that the copyright be registered and does not require permission from the US Copyright Office.

Traditionally, a formal copyright notice had three elements: symbol, date and name of the owner or holder of the copyright. The symbol is a “C” inside a circle (but can also rendered textually as “Copyright” or via the abbreviation “Copr.”). The date indicates the year in which the work was first published. The copyright holder is identified by an individual’s or company’s name. Generally, the three elements are provided on a single line and  in that order. An example might be this:

© 2021 Revision Legal

However, recently, with the rise of the internet, many copyright owners/holders have begun adding a fourth element to their copyright notices — a licensing statement. An example might be: “All rights reserved.” That is a restrictive licensing statement meaning that no actual or implied permission is granted for copying or sharing the work.

Creators of original work have options. Some are happy and eager to have their works widely shared (although most creators insist upon attribution). Thus, an alternative rights statement can be provided. These are usually based on the various use licenses drafted by the Creative Commons Organization. See here.

Using a copyright notice does not confer the legal protections afforded by US copyright laws. Those protections are automatically conferred when an original work of authorship is created. As legal scholars and judges say, copyright protection “inures” — comes into operation; takes effect — in the work of authorship when it is created.

As noted, there are several advantages to using a copyright notice. These include:

• Provides notice to others making them aware that copyright protection is claimed for the work
• Such notice can make it more difficult for a defendant in a copyright infringement case to argue that infringement was “innocent” or “mistaken”
• Such notice identifies the copyright owner/holder so that others know from whom to seek permission to use or license the work
• The date stated in the notice can have a bearing on when the copyright protections expire
• A copyright notice can help prevent the work from becoming “orphaned” and “lost” into the public domain

Copyright notices are generally placed — and should be placed — on all original works of authorship including books, magazines, websites, film, photograph headings, and more. It is common now for copyright symbols to be discreetly placed on specific pieces of artistic creation like a painting or a sculpture.

In general, only one copyright notice is needed for most artistic works. Typically, the copyright notice is located at or near the front or beginning of a work. For example, the copyright notice for books and magazines generally appears on the second or third page of the volume. However, given the common practice of hyperlinking and the ease of copying original content from the internet, there is a growing tendency to post copyright notices on every page on a website. But that is a choice to be made by the website owner. From a legal standpoint, the advantages of using a copyright notice are obtained with a single notice.

Contact Revision Legal

For more information, contact the trusted IP and internet lawyers at Revision Legal at 231-714-0100.

Why Registration Matters Even Though Notice Doesn’t Require It

A copyright notice, by itself, does not register a copyright. Registration is a separate step with the US Copyright Office, and it unlocks critical legal remedies unavailable without it. Under 17 U.S.C. § 411, a copyright owner generally must register the copyright before bringing an infringement lawsuit in federal court. More importantly, under 17 U.S.C. § 412, statutory damages and attorney fees are available only if the work was registered before the infringement occurred (or within three months of first publication). Without timely registration, the plaintiff is limited to actual damages — often difficult to prove and modest relative to the cost of litigation. Statutory damages range from $750 to $30,000 per infringed work, and up to $150,000 per work for willful infringement.

The Berne Convention and the End of the Notice Requirement

The United States joined the Berne Convention for the Protection of Literary and Artistic Works in 1989, and that accession eliminated the mandatory copyright notice requirement for works published after March 1, 1989. Copyright protection now attaches automatically upon creation without any formality. For works published before March 1, 1989, the old rules still matter: works published before 1978 without proper notice entered the public domain immediately, and works published between 1978 and March 1, 1989, could be saved from the public domain only if the copyright owner cured the omission by registering within five years and making a reasonable effort to add notice to distributed copies.

Notice Placement in the Digital Environment

For websites, apps, and digital publications, copyright notice placement requires deliberate thought. For websites, notice typically appears in the footer on every page — this addresses the hyperlinking problem where individual pages may be accessed directly without passing through the home page. Intentionally removing or altering copyright management information embedded in image files is itself a federal offense under 17 U.S.C. § 1202, with statutory damages of $2,500 to $25,000 per violation — separate from and in addition to copyright infringement damages.

Work Made for Hire and Copyright Ownership

The copyright notice must identify the owner of the copyright, which is not always the creator. Under the work-made-for-hire doctrine in 17 U.S.C. § 101, a work created by an employee within the scope of employment is owned by the employer from the moment of creation. Businesses that commission content from independent contractors without a written work-for-hire agreement typically receive only a license — not ownership. The contractor retains the copyright. This common mistake affects website content, photography, software, and marketing materials. Contact the copyright attorneys at Revision Legal at 231-714-0100 to review your content agreements.