Question 2

What is the proper format for copyright notice, and where should the notice symbol be placed?

 

Answer

Proper form of copyright notice for visibly perceptible works—those works that can be seen or read directly (for example, books, articles, websites, and photographs)—or works that can be read indirectly with the aid of a machine (for example, software) should contain the following identifying information: the symbol ©, the word Copyright, or the abbreviation Copr.; the year of first publication; and the name of the copyright owner. It’s not necessary to use both the copyright symbol and the wordCopyright, or the © and the abbreviation Copr., because it’s redundant. One or the other is all that’s needed, for example:

• © 2006 Francine Ward, JD.

• Copyright 2006 Francine Ward, JD.

• Copr. 2006 Francine Ward, JD.

 

Proper notice for phonorecords in any format (for example, records, cassettes, CDs, and laser discs) is ®.

Although not necessary, additional language can be added for emphasis, such as “All Rights Reserved” or “No part of this copyright protected material [for example, book, article, or speech] may be reproduced in any form or format, by any means, whether mechanical, electronic, or by a technology yet in existence, including any form of a storage or retrieval system.”

Proper placement of notice is affixed in such a way that gives the marketplace reasonable notice of ownership of the copyright. That means it must be in a location where it can be easily seen. For phonorecords, placement should be on the label itself and on the outer packaging. (For additional information on copyright notice, see U.S. Copyright Information Circular 3 on the companion CD.)

Registration

The second thing you can do to protect your valuable copyrights is to register them with the U.S. Copyright Office in Washington, D.C.

Question 3

Is it mandatory that I register my work with the U.S. Copyright Office for it to be protected?

 

Answer

No, registration is not a requirement for copyright protection. Once again, you have protection the moment you reduce your original work to a tangible form. However, registering your work with the U.S. Copyright Office yields significant benefits:

1. A public record is established, which lets the world know you are the owner of the copyright in question.

2. You receive a Certificate of Registration from the U.S. Copyright Office that states you are the owner. (For a sample Certificate of Registration, see appendixes of this book and the accompanying CD.)

3. You can sue for infringement in a U.S. court of law.

4. You may receive statutory damages, ranging in amounts from $750 to $30,000 per infringement. If it’s found that the infringement was willful (the infringers knew they were infringing or recklessly disregarded the possibility that they were using someone else’s material), the court can award up to $150,000 per infringement.

5. You may receive attorneys’ fees. Statutory damages and attorneys’ fees are only awarded if your copyrighted work is registered before the infringement occurs. Consequently, it’s to your advantage to register your work as soon as it’s created.