Attorneys and Counselors at Law USING THE COPYRIGHT SYMBOL
When thinking of the copyright symbol ©, many people might associate the symbol as the
obligatory stamp added on to the end of every book title or album cover, but what exactly does it
mean? More importantly, how can this symbol be used to protect the work of artists, authors and
creators everywhere?
The copyright notice is typically denoted by the symbol © (the letter C with a circle around it).
The symbol informs the public that the copyright law protects a piece of work. This law gives
authors the sole right to publish and distribute their work in all forms. If you or your business
produce creative work including books, essays, photographs, music, art, movies or videos,
understanding when and how to use the copyright symbol may be useful to you.
How to Use the Symbol
A copyright notice must be visually perceptible and include three elements: (1) the appropriate
symbol, (2) the first year of publication and (3) the name of the copyright owner. The copyright
symbol used varies depending on the form of the creative work. For example, the copyright
symbol used for sound recordings is the letter P with a circle around it. Or, in a movie, the
copyright notice must be placed immediately before or after the work or near the title. If you are
not sure which copyright notice to use, refer to the U.S. Copyright Office publication on
Copyright Notice, Circular 3.
Companies such as Twitter and Microsoft typically use the symbol first, followed by the year
and ending with the company name; however, the order in which the three elements are written
can vary and will have no effect on the rights of the owner in the context of the law.
Registering a Copyright
Once a work is created in a way that is possible for tangible distribution, it will automatically
have a copyright. You could also register the copyright for extra protections such the ability to
sue or collect damages from those who infringe upon the copyright until it is registered. To
register for a copyright, you must submit an application electronically or by mail. You must also
include a deposit, or copy, of the work to the Copyright Office. You can also contact an attorney
to assist you in the process.
Registering your work is optional, so when should you decide to register your work? As
previously mentioned, there are benefits that come with registering a copyright such as the
ability to sue for damages. Typically, if your work is not easily accessible others, registering a
copyright will not be necessary. There are alternative ways to target those who unlawfully use
your work even though you cannot sue them in court. For example, send cease and desist letters.
How the Symbol Can Protect You
Prior to the 1976 Copyright Act, it was mandatory for works to have the copyright notice printed
on it in order to be protected by the copyright law. Omitting the copyright notice could have
resulted in a loss of all copyright protection. For works published after March 1, 1989, the
author’s work will be protected whether or not they have the copyright symbol attached to them.
Although the use of a visible copyright notice is no longer required, there are many benefits of
using the symbol and registering your copyright. If you filed a lawsuit against a person who
infringed on your copyright when your work did not have the copyright symbol attached, the
defendant might use the “innocent infringement defense.” The innocent infringement defense is
used to argue that the individual was not given proper notice of the copyright, which could result
in decreased damages awarded to the copyright owner in the case of a lawsuit.
The purpose of the copyright symbol and notice is to demonstrate an author’s sole right to
publication and distribution, in all forms, of their work. Registering and attaching a copyright
notice to your work will guarantee you full protection of the law and the right to enforce your
copyright in court.
For more information about copyright and other intellectual property-related matters, please visit
our website at www.YangWangLaw.com.
Yang & Wang, P.C. is a Los Angeles based full service legal firm that specializes in intellectual property law (patent,
trademark, copyright, and licensing agreement), business and commercial litigation, and a wide range of other legal
matters including immigration, real estate, and landlord/tenant cases. Our multilingual attorneys represent clients
from all over California and internationally from China, Taiwan, Hong Kong, Japan, and Israel.
If you have questions or would like a consultation in regards to the content of this publication, please contact us by
calling (888) 827-8880 or email us at info@YangWangLaw.com. For more information about the firm and the
services please visit www.YangWangLaw.com.