U.S. Copyright Law-- page 7
COPYRIGHT NOTICE
Notice of Copyright is not required for works first published on or after March 1, 1989, although it is highly recommended. Notice of copyright alerts the public and the competition that the work is protected by copyright and may act as a deterrent for possible infringement. Notice of Copyright is required for works first published before March 1, 1989. If notice is not given, the author risks the loss of copyright protection for non-compliance.
There are three components to giving notice of copyright.
Example:(c), 1998 Lisa Andrews
1. The copyright symbol-the letter c in a circle, or the word "Copyright" or the abbreviation "Copr."
2. The year of first publication
The year date may be omitted when the material is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article. In the case of a compilation or derivative work involving previously published material, the year date of first publication of the compilation is sufficient.
3. The name of the copyright owner
Also acceptable is an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Position of notice
Notice should be:
- • Affixed in such a manner and location as to "give reasonable notice of the claim copyright."
- • Permanently attached
- • Legible to the ordinary user
Note: for two-dimensional works, notice is allowed on the front or back of the work or on any backing, mounting, matting, framing or other material to which the work is attached, so as to withstand normal use. On a rug, the notice of copyright can appear on the label or backing. A rug design is a two-dimensional work. As a reminder, it is the DESIGN that is protected, NOT the rug or other "useful article."
Advantages of giving notice of copyright
- • Provides the public with pertinent information, notice of the work’s copyright protection, the identity of the copyright owner and the year of first publication,
- • The courts will generally not allow the argument of "innocent infringement" when proper notice has been given. This is an important point, since successful? innocent infringement? arguments may result in a reduction of damages paid to the copyright owner.
International Copyright Protection
There is no such thing as an "international copyright" that will automatically protect and author’s work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country.
However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
The United States is involved in several treaties and conventions, including the Berne Convention, the Universal Copyright Convention, the Geneva Phonograms Convention, the WTO Agreement, and WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty, and generally speaking, a work protected in any country that is a party to such a treaty or convention is protected in all other countries that are parties to it.