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WHAT ABOUT THE NOTICE OF COPYRIGHT OR © symbol?
The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
This notice requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. The change was introduced to bring the United States in line with the general situation internationally.
Although not required the use of the copyright notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then it will be all but impossible for the defendant to argue that they were mere 'innocent infringers' and therefore should pay less damages. Innocent infringement occurs when the infringer did not realize that the work was protected.
The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.
What form should the notice take?
1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Example: © 2000 John Doe
HOW LONG DOES COPYRIGHT PROTECTION LAST?
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.
Works made by employees of corporations (Works Made for Hire) endure for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.
UNFAIR COMPETITION
Trademark and/or copyright infringement normally also constitutes 'passing off' or the act of 'unfair competition' either under Federal or state law. In essence, by using a third party's intellectual property rights the infringing party can often be said to have unfairly competed with the aggrieved party.
FOR A FREE INITIAL CONSULTATION CALL 888 558 6275 for a California copyright lawyer