In U.S. copyright law, a copyright notice is a form notification specified by law that informs users of an underlying claim to copyright ownership in a published work.
Copyright is a form of protection granted by U.S. law to the author of "original author's work". When a work is published under the authority of the copyright owner, a copyright notice may be placed on all publicly distributed copies or fonorecords. The use of notices is the responsibility of the copyright owner and does not require permission from, or registration with, the Copyright Office.
The use of a notification notifies the public that a work is protected by copyright, identifies the copyright owner, and indicates the year of first publication. Furthermore, in the case of a work being violated, if the work carries the right notices, the court will not give any weight to the use of an innocent defense plea - that is, for the claim that the defendant is unaware that the work is protected. The defense of an innocent offense may result in a reduction in damage to be received by the copyright owner.
U.S. law no longer requires the use of copyright notices, even though placing it on a work does indeed provide certain benefits to copyright holders. However, the previous law requires notification, and use of the notification is still relevant to the copyright status of the old work.
For works first published on or after 1 March 1989, the use of a copyright notice is optional. Prior to March 1, 1989, the use of such notice shall be in all published works. Ignoring notice on any work first published from 1 January 1978, to 28 February 1989, may result in the loss of copyright protection if remedial measures are not made within a certain period of time. Works published before January 1, 1978, are governed by the Copyright Act 1909. Under the law, if a work is published under the authority of the copyright owner without proper copyright notice, all copyright protection for the work is permanently lost in the United States.
Video Copyright notice
Notification form
Section 401 of the Copyright Act determines the form and location of a copyright notice. Forms that are used for "visually visible" copies - that is, readable or readable copies, either directly (like a book) or with the help of a machine (like a movie) - are different from the forms used for phonorecords of sound recordings (such as compact discs or cassette).
Forms of notifications for visually-visible copies
Notice for clear visual copy must contain the three elements described below. They should appear together or near on a copy.
- Symbols Ã, Â © (letter C in circle); the word "Copyright"; or the abbreviation "Copr."
- First publication year. If the work is a derivative work or compilation that incorporates previously published material, the date of the first publication year of the work or derivative compilation is sufficient. Examples of derivative works are translations or dramatizations; the compilation example is an anthology. The year may be removed when a work of drawing, graphics, or sculpture, with accompanying text material, if any, reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.
- The name of the copyright owner, the abbreviation with which the name is recognizable, or the designation of a commonly known alternative owner.
Contoh: Â © 2012 Jane Doe
Notifications "C in circles" are only used on "visually visible" copies. Several types of works, such as works of music, drama, and literary works, can be repaired not in "copies" but by means of sound in audiorecording. Because audiorecordings such as audiotape and phonograph discs are "phonorecords" and not "copies," the notices "C in circles" are not used to indicate underlying, dramatic, or recorded literary musical protection.
Notification forms for fonorecord from sound recording
The copyright notice for phonorecords embodies sound recordings different from those for other works. Voice recording is defined as "the work resulting from the fixation of a series of musical, oral or other sounds, but excluding the sounds that accompany the film or other audio-visual work." Copyright in the sound recording protects certain set of sounds defined in the recording against unauthorized reproduction, revision and distribution. This copyright differs from the copyright of musical, literary, or dramatic works that can be recorded on phonececord.
Phonorecords can be phonograph records (such as records and 45s), audio cassettes, tapes, or discs. The notification should contain the following three elements that appear together in phonececord.
- The symbol? (the letter P in the circle).
- The first publication year of the sound recording.
- The name of the copyright owner of the sound recording, the abbreviation that can be used to recognize the name, or the commonly known owner's title. If the manufacturer of a sound recording is named on a phonorecord label or container and if no other name appears simultaneously with notice, the manufacturer's name will be considered as part of the notice.
Contoh: ? 2012 X.Y.Z. Records, Inc.
Maps Copyright notice
Lokasi pemberitahuan
The Copyright Office has issued a regulation on notification and affixation methods. In general, a copyright notice must be placed on a copy or phono record in such a way that it provides reasonable notice of a copyright claim. The notice should be permanently readable by ordinary users of the work under normal conditions of use and should not be concealed from view at reasonable inspection.
Reasons for entering optional copyright notices
Copyright notice may still be used as a deterrent against infringement, or as a notification that the owner intends to hold their copyright claim. It is also a copyright infringement, if not a federal crime, to remove or alter the copyright notice in order to "coax, activate, facilitate, or conceal violations". Also worth noting is that copyright notifications are never required on "unpublished" works, whose copyright can last for more than 100 years.
The inclusion of a valid copyright notice in the original document is also proof that the copyright owner may use it to defeat the defense of "innocent violation", to avoid "legal damages", other than in certain cases claiming "fair use" defense.
Foreign works published in the US without notice of copyright
Certain foreign works published in the US without prior copyright notice in 1989, which makes them public domain, have earned their copyright "restored" under the Uruguay Round Agreement Act, provided that such rights have not expired in their country of origin original publication before 1996. This created anomalies that foreign works from 1923 to 1989 could be granted more US copyright protection than US domestic works published in the same period, even though both were published without notice of copyright.
Technical requirements
There are technical requirements regarding the information that should be contained in the copyright notes.
Under the law of 1870, which is valid until 1909, the copyright owner must write "Entering in accordance with the act of Congress, in the year _________________, by A. B., at the office of the Congress Librarian, in Washington." Beginning in 1874, the copyright owner could also write "Copyright, 18_________________, by A. B."
By virtue of the 1909 law, which is valid until 1978, notices for literary, musical, or printed papers should include the author's name, year, and "Copyright" or "Copr." Other works do not need to enter the year and can use the symbol Ã, Â ©. In books or other printed works, a notice is requested to appear on the title page or page immediately after the title page.
Under U.S. 1978 legislation, copyright notices must contain copyright symbols (lowercase c that are entirely circular) or equivalent. The word "copyright" or the abbreviation "Copr." also accepted in the US, but not in other countries. Works distributed outside the US using the symbol Ã, Â ©. The copyright notice must also include the year in which the work was first published (or created), and the name of the copyright owner, which may be the author (including the author/owner of a work made for hire), one or more joint authors , or the person or entity to whom the copyright has been transferred. Under U.S. copyright law, copyright notices must be affixed and positioned to provide "reasonable notice of copyright claims".
There are slightly different technical requirements for copyright notices on phonographic recordings, especially using the sound recording copyright symbol ("?") Not the symbol "Ã, Â ©".
Overstatement rights
Law scholar Wendy Seltzer has shown how many organizations are exaggerating their rights in their copyright notice. For its legal class in 2007, Seltzer copied the television-broadcasted copyright notice from the NFL, during Super Bowl XLI, exercising its rights under fair use. He then posted this trailer to YouTube. The NFL sent an official DMCA request to YouTube that the record was removed. Seltzer, who had guessed this, challenged the retraction, and the piece was restored. Seltzer has also posted excessive claims from Major League Baseball.
See also
- Anti-copyright notices
- Copyfraud
- Copyleft
- Copyright rights
- Closed C
Notes and references
Source of the article : Wikipedia
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