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Proper use of the copyright symbol

Proper use of the copyright symbol

The first thing to note is that for copyright there is only one form of the symbol (©), unlike trademarks, where there is a symbol for registered trademarks (®) and a symbol for unregistered trade marks (™).

To qualify for use of the registered trade mark symbol (®) you must register your trade mark with the appropriate authority in your country, whereas the trade mark symbol (™) can be applied to any symbol you are using as a trade mark. Use of the copyright symbol is more similar to use of the trade mark symbol, as work does not need to be registered in order to use it.

How Is a Copyright Symbol Useful

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 no weight shall be given to such a defendant's defense based on innocent infringement. 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.

Correct Form for the Copyright Symbol

The notice for visually perceptible copies should contain all the following three elements:

  1. The copyright symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."
  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.
  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.

A copyright protects the expression of an idea. Unlike a patent, which protects the idea itself, a copyright protects only the expression. The idea for a new mouse trap can be protected by a patent while the expression of that idea through drawings, pictures and words can be protected by a copyright.

A copyright comes into existence as soon as the work is fixed in a tangible medium of expression, so copyright exists in a work as soon as the author completes the music composition or play. The author of the work initially owns the copyright. However, ownership of the right may be transferred to others. If the work is created by an employee, the employer is considered to be the author and owns the copyright as a work for hire.

As the owner of the copyright, the author has the exclusive right to make copies of the work, display and perform the work publicly and to distribute copies of the work to the public. These exclusive rights last for the life of the author plus 70 years. The copyright in a work made for hire, however, lasts for a fixed term of 95 years from the date of the work's creation.

In order to qualify for copyright protection, a work must be original to the author. To be original, the work:

  1. must have been independently created by the author rather than being copied from other work(s) and
  2. must have at least a minimal degree of creativity

If these two conditions are not met, the work will not qualify as original and is not entitled to copyright protection. However, a work still qualifies for copyright protection if it includes non-original elements. For example, if an author rearranges non-original elements in an original way, the compilation will be considered original and qualify for copyright protection.

It is important to note that a copyright protects only the expression of an idea. It does not protect any functional features or characteristics of the work.

For further more information related to Copyright registrationform, the procedure of registering a Copyright, documents required for Copyright registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: Herambindia and through the Copyright Registration, you can protect yourself from the matter of Copyright Certification.

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21 July, 2018

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