Working today through an interesting copyright notice issue prompted me to write today’s post. While current copyright law doesn’t require a copyright notice, placing one on a creative work such as online content, websites, promotional materials, books, films, sculptures, toys, games, or paintings can enhance the copyright owner’s rights by providing “constructive notice” of those rights. Once the copyright owner has provided that notice, damages for “willful” infringement are available.
A copyright notice must have three elements: (1) the symbol; (2) the year of publication (the offer for sale, not manufacture or creation of the work); and (3) the name of the copyright owner. Please note that the copyright owner may be different from the actual creator of the work. For example, if the creator is a full-time employee and creates the work in the scope of employment, the employer is the copyright owner. Additionally, if there is more than one owner of a work, the names of each owner may be listed.
The identity of the copyright owner becomes particularly tricky in some situations. The one I was dealing with today involved the creation of a so-called “derivative work.” A derivative work is one which is based upon the original. The right to make derivative works (also sometimes referred to as the “adaptation right”) is one of the exclusive rights conferred by copyright ownership (the others are the right to reproduce, distribute, perform and display the...
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