Keep it Legal Blog

The Copyright Monster

My friend Katie recently asked me, “what’s up with those ‘copyright’ notices …are those even enforceable?” She was referring to the notices found at the bottom of just about every website. You’ll see one on the bottom of this very blog. My friend’s email was prompted by the Copyright Monster you see to the left, but it’s a good general question to discuss. Is the Copyright Monster real? Read on to find out…

The image of the Copyright Monster comes from this blog post, in which Ms. Brosh details in words and cartoons her personal experience with depression. I highly recommend reading the post, it’s fascinating and insightful. I also want to applaud Ms. Brosh for taking the time to make her blog’s copyright notice so distinct and memorable.

Are Copyright Notices Required?

So what about this notice, as well as all the other, sadly monster-free copyright notices out there? Do those notices have any effect, and are they required to appear on all websites?

In the US, when you create a copyrightable “work” (blog post, musical composition, painting, computer software, etc.) and it is “fixed in a tangible medium of expression” (meaning, it’s out of your head and into the real world in some fashion), you immediately become the copyright owner. Try it for yourself: grab a piece of paper and write down a few sentences about your day so far. Boom – you own the copyright for that work.

In ye olden days (pre-March 1, 1989), you could potentially lose those rights by failing to include a notice along the lines of: © 2013 David Lizerbram & Associates. Nowadays, those notices are no longer required. They are recommended, however. The United States Copyright Office, in its beloved masterpiece Circular 3: Copyright Notice, states:

Use of the notice informs the public that a 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 the work carries a proper notice, the court will not give any weight to a defendant’s use of an innocent infringement defense—that is, to a claim that the defendant did not realize that the work was protected. An innocent infringement defense can result in a reduction in damages that the copyright owner would otherwise receive.

Copyright notices are useful – anyone who has a question about the rights embodied in a particular work knows where to go and who to ask. And, as the USCO noted in the paragraph above, it’s theoretically possible that someone who you accuse of infringing on your work can claim ignorance because you didn’t affix the copyright notice. Likely? No. But since it’s possible, and it doesn’t really cost anything to throw it on your website (or wherever else your copyrighed work appears), it’s worth doing.

The copyright notice can also be serve as evidence of when something was published. For example, if there’s a dispute about who copied who, but my work says it’s © 2013, and you published yours in 2009, it doesn’t look too good for me.

What Form Should my Copyright Notice Take?

This is an easy one. There are three components. Display them in this order:

1. Either the symbol © [on my Mac keyboard, that’s Option + G], its easy-to-type substitute (C), or the word “Copyright.”
2. The year of first publication. “Publication” is a technical term, but when we’re taking about online works, it’s the year that the work first appeared. If it’s a blog or ongoing work (like this one), go with the first year that it appeared, add a dash, and then add the current year. E.g. 2011-2013.
3. Your name, or the name of your company, or whoever is claiming ownership of the copyrighted work.

So: © 2011-2013 David Lizerbram & Associates. Simple as that.

Do I Need to File Anything with the Copyright Office?

The short answer is “no” – you don’t need to do anything, the copyright is yours. However, there are a variety of advantages to officially registering your work with the USCO, particularly if you actually intend to go after someone who is infringing on your rights. It would take many blog posts to cover all the details of copyright registration, but I can say that the USCO’s website (http://copyright.gov/) has a lot of helpful, easy-to-understand information. Everyone likes to take shots at the government – me included – but they do a pretty good job of making that site user-friendly. Of course, for any specific questions, I recommend consulting with an experienced copyright attorney.

Much like Frankenstein’s Monster, the Copyright Monster isn’t really evil; he’s just misunderstood. Hopefully this post will help relieve the terror of blog readers everywhere.