Cecily Zamora
Copyright is a type of intellectual property that protects original works of authorship as soon as the work is created in a tangible form of expression. In the United States, common law rights automatically protect original creations when they are made public, even without officially registering the trademark with the US Copyright Office. Common law copyright refers to the protection of works through federal and state judicial decisions in the absence of specific legislation until the point of publication. A valid copyright notice includes the symbol ©, the date of publication, and the author's or owner's name. The notice should be clear, legible, and prominently displayed, and updated each year to reflect the current year of publication.
| Characteristics | Values |
|---|---|
| Definition | "Common law" copyright refers to the protection of works through federal and state judicial decisions in the absence of specific legislation until the point of publication. |
| Symbol | Typically represented by a copyright symbol "C" or ©. |
| Composition | The symbol itself, the date of publication, and the author's or owner's name. |
| Registration | Not mandatory, but registration is necessary to enforce exclusive rights through litigation. |
| Originality | Applies to original works of authorship, including paintings, photographs, illustrations, musical compositions, and more. |
| Ownership | Copyright ownership can be transferred through contracts, assignments, wills, or other types of transfers. |
| Exclusive Rights | Reproduce, prepare derivative works, distribute copies, perform publicly, and display publicly. |
| Limitations | Federal copyright law preempts most state-law copyright claims, but common law copyright may be available for specific categories of works, such as pre-1972 sound recordings. |
| Notice Placement | Typically placed at the bottom of a webpage, on the reverse side of a print publication, or in the credits of a creative work. |
| Notice Update | Update the notice annually to reflect the current year of publication and significant changes to the work or ownership. |
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What You'll Learn
Copyright notice placement
Books or ebooks often have a copyright page at the beginning or end of the book. Photos and other forms of digital art often have a copyright near the bottom of the work or a watermarked label. YouTube videos often have a copyright notice in the video description or video credits.
The notice for visually perceptible copies should contain the following three elements: the symbol © (letter C in a circle), the word "Copyright", or the abbreviation "Copr."; the year of first publication; and the name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. These elements should appear together or in close proximity on the copies.
For sound recordings, the notice should contain the symbol ℗ (the letter P in a circle), the year of first publication of the sound recording, and the name of the copyright owner of the sound recording.
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Benefits of a copyright notice
Although US law no longer requires the use of a copyright notice, placing one on a work confers several benefits.
Firstly, a copyright notice informs users of the underlying claim to copyright ownership in a published work. This means that, when a work is published under the authority of the copyright owner, a notice of copyright may be placed on all publicly distributed copies or phonorecords. The notice should contain the symbol © (the letter C in a circle), the word "copyright", or the abbreviation "Copr."; the year of first publication; and the name of the copyright owner, an abbreviation by which they can be recognized, or a generally known alternative designation of the owner.
Secondly, a copyright notice acts as a deterrent. Even though it is not legally required, adding a copyright notice to your content may help deter potential infringers. This is because a copyright notice informs the public that a work is protected by copyright, and in the event that a work is infringed, if the work carries a proper notice, the court will not consider a defendant's claim that they did not realize the work was protected.
Thirdly, a copyright notice can enhance the protection of a work. While copyright exists automatically in an original work of authorship once it is fixed, a copyright owner can take steps to enhance these protections, the most important of which is registering the work. Registering a work is not mandatory, but it is necessary to enforce exclusive rights through litigation. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit and provides a presumption that the information on the registration certificate is correct.
Finally, a copyright notice facilitates the licensing marketplace. Registering a work provides value to the public by facilitating the licensing marketplace and allowing people to find copyright ownership information.
In conclusion, while not legally required, a copyright notice provides several benefits to the copyright holder, including deterring potential infringers, enhancing the protection of a work, and facilitating the licensing marketplace.
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Copyright registration
The registration process involves submitting an application, along with a copy of the work, to the relevant copyright office. In the United States, this is done through the U.S. Copyright Office's Electronic Copyright Office (eCO) system. The application requires factual information, including titles, author details, creation or publication dates, and claimant information. It's important to note that titles themselves are not protected by copyright law. The registration process typically takes anywhere from three to nine months, and a certificate of registration is issued upon completion.
Registering a work is not mandatory, but it offers significant advantages. For U.S. works, registration is necessary to enforce exclusive copyright rights through litigation. It enables copyright owners to seek monetary damages and attorney fees in legal proceedings. Additionally, registration provides a presumption of correctness regarding the information on the certificate.
The registration process can be simplified by working with a third party familiar with the procedure. They can assist in collecting the necessary documents and filing them on your behalf. It's worth noting that copyright registration fees may apply, and these can be paid by credit card if filing online.
While common law copyright is often preempted by federal copyright law, it may still be available for certain categories of works, particularly pre-1972 sound recordings in some states. However, this area of law has been subject to changes and rulings in recent years, as seen in cases like Capitol Records v. Naxos of America and Flo & Eddie v. Sirius XM Radio.
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Copyright lawsuits
Copyright is a type of intellectual property that protects original works of authorship once they are fixed in a tangible form of expression. Works are original when they are independently created by a human author and have a minimal degree of creativity. This includes a wide range of works, such as paintings, photographs, musical compositions, sound recordings, books, poems, movies, and more.
While copyright exists automatically in an original work, there are steps that a copyright owner can take to enhance protections, such as registering the work. Registering a work is not mandatory but is necessary for U.S. works to enforce exclusive copyright rights through litigation. Registering a work also allows copyright owners to seek monetary damages and attorney fees in the event of a lawsuit and provides a presumption that the information on the registration certificate is correct.
There have been numerous famous copyright infringement cases over the years. For example, in the case of Capitol Records v. Naxos of America, the court held that pre-1972 sound recordings could receive state common law copyrights, even if they did not qualify for federal copyrights. In another instance, tattoo artist S. Victor Whitmill sued Warner Brothers for using his tattoo design without permission in the film "The Hangover 2" and its promotional materials. While Whitmill's request for a preliminary injunction was denied, he was able to pursue the lawsuit, and an agreement was eventually reached.
In the realm of music, there have been several notable copyright lawsuits. Metallica's drummer, Lars Ulrich, filed a lawsuit against Napster in 2000, alleging copyright infringement and unauthorized use of a digital audio interface device. This led to a domino effect, with other record labels also suing Napster, which ultimately resulted in its closure and a $26 million payout in damages. In another case involving John Fogerty, the frontman of Creedence Clearwater Revival (CCR), he was sued by Fantasy Records for his solo song "The Old Man Down the Road", which allegedly sounded too similar to the CCR song "Run Through the Jungle," which Fogerty had also written. Fogerty won the copyright claim but incurred significant legal fees, prompting him to sue Fantasy Records to recoup those costs.
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Copyright time limits
For works created and published after January 1, 1978, copyright protection generally lasts for the life of the author plus an additional 70 years. This is often referred to as "life plus 70 years" and is a standard duration for modern works.
For anonymous works, pseudonymous works, or works made for hire, the copyright duration is different. For these types of works, the copyright term is 95 years from the year of its first publication or 120 years from the year of its creation, whichever comes first. This variation takes into account the lack of a clearly identifiable author.
Works published before January 1, 1978, have different considerations. For these older works, the copyright term can vary depending on the specifics of each case. Renewal registration was optional after 28 years and provided certain legal advantages, but it is no longer necessary to renew copyright for works created after 1978.
It's worth noting that in some rare cases, such as pre-1972 sound recordings, state common law copyrights may apply. An example is the 2005 case Capitol Records v. Naxos of America, where pre-1972 sound recordings were granted state common law copyrights. However, this precedent was partially overruled in 2016.
Additionally, there are provisions for works published since 1978, where copyrights may revert to the original author after 35 years. The author must submit a request for termination at least two years before the effective termination date.
While the specifics of copyright time limits can be complex and vary across jurisdictions, the general principle is to provide protection for a limited time, balancing the interests of the author and the wider social good, as per the Copyright Clause in the U.S. Constitution.
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Frequently asked questions
"Common law" copyright refers to the protection of works through federal and state judicial decisions in the absence of specific legislation until the point of publication.
The term "notice" in copyright law hints at the symbol denoting a work's protected status, typically represented by a copyright symbol "C".
A valid copyright notice includes the symbol, the date of publication, and the author's or owner's name.
Copyright notices are usually placed at the bottom of a webpage, on the reverse side of a print publication, or in the credits of a creative work.
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