Your business depends on originality and creativity. Your hard work to create and monetize your product, services, and content is valuable. Protecting it starts with a simple yet essential step: a copyright notice. By clearly marking your work, you’re asserting ownership and discouraging misuse, ensuring your creations are safeguarded from the start.
What is copyright?
Copyright is a legal protection that gives creators exclusive rights over their original works. It applies to a wide range of creative materials, such as written content, music, art, software, and videos.
Copyright law allows creators to control how their work is used, distributed, and reproduced. It ensures that the copyright owner can profit from their work, protect their intellectual property from unauthorized use, and support a legal claim against anyone who uses the material without permission.
The duration of copyright varies depending on the type of work and the country, but in many cases, it lasts for the creator’s lifetime plus an additional 70 years after their death. For businesses, the copyright endures for 95 years from the year of first publication or 120 years from its creation, whichever expires first.
Copyright registration
Copyright is granted automatically upon creation of a work and doesn’t require formal registration. However, registering work with the United States Copyright Office (or the equivalent body in another country) provides additional legal benefits. Official registration establishes a public record of the copyright. It is a relatively simple process that can be done online.
Fair use
Copyright protection isn't absolute. Fair use exceptions allow limited use of copyrighted material without permission. Fair use is particularly relevant in areas like criticism, commentary, news reporting, education, and parody. For example, quoting a few lines from a book in a review or using a short clip from a film for educational purposes can qualify as fair use. The fair use exception can also cover a customer review that quotes part of your company's refund policy when posting an online review.
However, fair use is not a blanket right, and whether a particular use qualifies depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount of the portion used, and the effect on the market for the original work.
International copyright law
For any business that operates internationally, it’s important to know that copyright law varies by country. However, most nations follow international agreements that establish basic principles of copyright protection. These agreements also make it so work created in one member country is automatically protected in all other member countries.
Despite these treaties, there are differences in how countries enforce copyright and what exceptions, such as fair use, may apply. For instance, the US recognizes fair use, while other countries may have stricter rules regarding using copyrighted material without permission.
Differences between copyright and trademark
While copyright and trademarks both protect intellectual property, they serve different purposes. Copyright protects original creative works. Conversely, a trademark protects brand-related elements, such as logos, slogans, and product names.
Trademarks identify the source of goods or services, preventing confusion in the marketplace. For example, the name and logo of a business can be trademarked to ensure competitors don’t use similar branding, which could confuse customers.
Rights protected by copyright
Creators have several rights over their original works. Understanding these rights can help you maintain control over your work's use and distribution.
Reproduction of a work
One of the most fundamental rights protected by copyright is the right of reproduction. This right allows the copyright owner to control how their work is copied, whether in physical or digital form. Unauthorized reproduction—such as photocopying a book, downloading an image without permission, or making a copy of a movie—constitutes a violation of this exclusive right.
For businesses, particularly in industries like publishing, music, and film, the right to reproduction is essential because it’s also a key revenue stream, where distributing copies to the public generates profits. But for any business, the law ensures that copyright holders are the only ones who can legally reproduce their work or authorize others to do so.
Distribution or sale
The right of distribution enables copyright holders to control the sale or transfer of ownership of their work. Copyright protects the work from being distributed without the creator's permission, whether a physical book, a digital video file, or an image.
The distribution right allows creators to determine how, when, and where their work is available to the public. This control can involve deciding whether to release a work in physical or digital form, how much to charge for it, and which markets to target. Without the right to control distribution, creators would lose a vital mechanism for monetizing their work and ensuring it reaches their intended audience.
The first-sale doctrine, an important limitation on this right, allows purchasers of copyrighted works to resell or otherwise dispose of the copy they own. For example, buyers may resell their items privately or through marketplaces like eBay.
Public display or performance
Copyright holders also have the exclusive right to publicly display or perform their work. Whether it’s the performance of a play, a painting exhibition, or a song at a concert, the creator has the right to control when and how their work is displayed to the public.
Unauthorized public performances, such as copyrighted music played at a large event without permission, infringe this right. Similarly, displaying a copyrighted work in a public setting, like projecting a movie in a public space without proper authorization, violates this exclusive right.
Creation of derivative works
Derivative works are new creations based on existing material and might include translations, film adaptations, remixes, or sequels. The creator of the original work maintains exclusive control over how their work is transformed, ensuring that any adaptations or modifications have received their permission.
The right to create derivative works is particularly relevant in the entertainment industry, where books might be turned into movies and songs might be remixed into new versions. Without this protection, anyone could take an original work, make changes, and distribute the altered version without compensating the original creator or acknowledging their contribution.
For other industries, like architecture or software, this right protects against the alteration and reuse of original plans or use of the original or parts of the original in new projects.
Is AI-generated material copyrightable?
Whether drafting a blog post or refining product images, more and more businesses are using artificial intelligence (AI) as part of their content and marketing strategy. AI-generated works present new challenges for copyright law.
Currently, copyright protection is only granted to works created by human authors, as creativity and originality are key criteria. Since AI lacks human authorship, works produced solely by AI don't typically qualify for copyright. However, if a human significantly contributes to the creative process, such as through rewriting or editing, the work may be eligible for copyright protection.
As AI evolves, copyright laws may adapt to address the growing complexity of human-AI collaboration in creative works.
Why you need a copyright notice
Including a copyright notice on your material is a practical and effective way to safeguard your brand's intellectual property. A notice offers multiple benefits that can protect your rights as a creator and help you avoid legal complications.
Provides reasonable notice of ownership
A work doesn't need an actual notice to be protected by copyright. But by including one, you’re publicly signaling that the content belongs to you and is unavailable for free use without permission. This reasonable notice of ownership helps deter potential infringers, reducing the likelihood that someone will unknowingly—or deliberately—use your work without your authorization.
In many cases, people assume that if a work doesn’t have a copyright notice, it’s in the public domain or free to use. By placing a copyright notice on your work, you eliminate this gray area and provide transparency, making it harder for anyone to claim ignorance if they use your content without permission.
Properly using a copyright notice can also minimize the risk of innocent infringement, as it leaves no ambiguity about ownership.
Identifies the content's owner
A copyright notice also clearly identifies the content’s owner. If someone wants to use your work, they’ll know exactly whom to contact for permission.
This identification becomes especially important in collaborative projects or industries where multiple parties may be involved in creating a single piece of work. The notice can clarify who holds the copyright, whether it’s an individual creator, a company, or an organization. In case of infringement or misuse, this makes it easier to assert ownership and pursue legal action, if necessary.
Documents the publication date
By including the year of the first publication in the notice, you establish a documented timeline for when the work was created and made available to the public. This can serve as a valuable piece of evidence if there’s ever a question about the originality of a work or if someone challenges a copyright.
A clear year of first publication and date can also assist in managing the duration of copyright protection, ensuring that you know when your rights begin and how long they last.
Helps save legal fees
Including a copyright notice on your work can help avoid unnecessary legal fees in a dispute if you ever need to enforce your rights. For instance, it might make it easier to prove that an infringer knew or should have known that the work was protected, leading to quicker legal resolution.
The notice could also reduce the likelihood of an infringer claiming their violation was unintentional, as it provides clear, public documentation that the work is protected and helps avoid a lengthy and costly legal battle.
Prevents orphan works
An orphan work is copyrighted content whose owner is unknown or can’t be located. This situation can arise when a work doesn’t have a clear copyright notice or identifying information, making it difficult for someone to seek permission to use it.
Over time, the ownership of a work can become unclear if there is no identifying information, which can hinder its legal protection and limit its potential uses. A copyright notice ensures that anyone interested in using your work can find and contact you for permission, helping to maintain your ownership and control over the work for years to come.
What types of material can be copyrighted?
Whatever the nature of your business, understanding what can be copyrighted helps protect your intellectual property. Securing copyright protection for written reports, software, marketing materials, and product designs helps safeguard valuable assets from competitors.
For individuals, protecting creative works such as images, videos, and written content ensures that your original work cannot be copied or exploited without your consent.
However, copyright protection does not cover everything. Ideas, facts, procedures, and systems are not copyrightable, nor are works that lack originality or are too trivial. For example, a simple list of ingredients or short phrases may not be protected by copyright.
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Written content
Written content plays an essential role in conveying new ideas and information, so these works are commonly copyrighted. As more businesses use content marketing to build brand authority and connect with audiences, protecting that material becomes vital.
Books
Long-form written content like books can be a valuable part of a marketing strategy. Both physical and e-books are eligible for copyright protection. As long as the content is original, these works can be safeguarded from unauthorized use.
Manuals
Instructional and technical manuals—whether for professional training, product usage, or software operation—are also eligible for copyright protection. The content must be original and not copied from other sources.
Reports
Business reports, research papers, and industry analyses are copyrightable as long as they represent original work. This includes reports created for internal business use or external publication. For example, your company's annual report would be covered by copyright, but a general template or standard form might not.
Digital content
Many types of content created and shared online or through digital platforms are subject to copyright protection, even though they exist in an electronic format. Digital content must still be original, so content like blog posts, social media graphics, or digital artwork can still be protected.
Websites
The written content on a website, including blog posts, articles, and other text, can be copyrighted. It’s important to note that in addition to its content, the website's overall design, including layout and fonts, may also be copyrighted if it demonstrates originality.
Emails
Emails that contain original written content, such as business communications, newsletters, or marketing copy, can be copyrighted. Routine or trivial emails that don't contain original content, like meeting reminders or scheduling confirmations, may not qualify.
Mobile apps
While the functionality or concept of an app may not be copyrightable, the written code, design elements, and user interface of mobile applications are protected. App developers should secure copyright to protect their original software code and creative designs from unauthorized copying or distribution.
Creative works
Creative works include visual art, sound recordings, and other forms of original expression. While this type of protection is particularly useful for artists and other creators, many businesses also use original creative multimedia content to engage with audiences and enhance brand presence.
Images
Photographs, illustrations, and digital artwork are all protected by copyright as soon as they are created. This includes images used in advertising, social media, or professional portfolios. Creators have the exclusive right to reproduce, distribute, or license their images. Original images created by your business, such as product photos or infographics, are covered under this protection.
Videos
Whether you’re producing a short film, a YouTube video, or a commercial, videos are protected by copyright. This includes the video footage, soundtracks, and any scripts or written dialogue used in the production.
Business materials
Because many materials used in business development, marketing, and sales are original work in a fixed form, they also qualify for copyright protection.
Software code
Copyright law protects the written code behind computer software and mobile applications. Developers can copyright the original code they write to protect it from being copied or used without permission.
However, the functionality or ideas behind the software are not copyrightable, only the specific expression of the code. So, if your brand develops an innovative program to manage customer relationships, other developers can design their own programs to perform the same functions but must write original code.
Marketing materials
Marketing content such as brochures, advertising copy, sales presentations, and promotional emails are also eligible for copyright protection. This ensures that competitors cannot copy or use your marketing content without permission.
Product designs
While patents typically protect the functionality of products, the creative designs used in product packaging, logos, or user interfaces can be protected by copyright. This helps businesses maintain exclusive rights over the aesthetic elements that set their products apart. For example, custom packaging artwork can be copyrighted to prevent others from using similar visuals.
The 4 elements of a copyright notice
Copyright protection is powerful, but that doesn't mean that writing a copyright notice is complicated. There are 4 straightforward elements to a copyright notification.
The placement of your copyright notice should be easy to see and read, but there is no specific requirement for placement. Many websites place the notice in the footer. Books and longer documents often include it on the title page or a dedicated copyright information page. Wherever you put your notice, visibility and clarity are the most important factors.
Element #1: Copyright symbol
The first and most recognizable element of a copyright notice is the copyright symbol—a circle enclosing the letter C—signifying that a work is legally protected by copyright. This simple mark has become synonymous with intellectual property protection and immediately signals to others that the work is copyrighted.
The symbol can be written as the © symbol, the word copyright, or the abbreviation copr. Including both the copyright symbol and either the word or the abbreviation is unnecessary. All three variations are legally recognized, but the © symbol is the most commonly used due to its brevity and universal recognition.
Including the copyright symbol helps deter potential infringers by clearly communicating that the work is not free to copy, share, or distribute without permission. It’s a visual cue that a work is protected.
Element #2: Publishing date
The next critical element is the publishing date. This refers to the year when the work was first published or made publicly available. Including the date in a copyright notice serves multiple purposes. It provides a timestamp that marks the beginning of a work's copyright protection, helping to establish when your rights over the work were first claimed.
In addition, the publication and copyright date are important information in disputes over ownership or originality. If someone claims their work predates yours, your copyright notice, with its clear publication date, can support your claim. This is particularly useful in creative industries where similar ideas may emerge simultaneously or where content is frequently adapted, repurposed, or transformed into derivative works. A range of dates indicates that content includes both current and previously published material.
For example, in this copyright notice from the website of financial advice company, The Motley Fool, the date range indicates when the material was first published: © 1995 - 2024 The Motley Fool. All rights reserved.
Element #3: Copyright owner
The third element in a copyright notice is the name of the copyright owner. This tells the public who owns the rights to the work and whom to contact for permission to use, reproduce, or distribute the content. The owner can be an individual, a company, or an organization. In cases where the rights have been transferred or sold, the name in the notice should reflect the current rights holder, not necessarily the original creator.
This copyright notice from The New York Times website footer indicates that the company holds the copyright to the content and design of the website: © 2024 The New York Times Company.
Element #4: Statement of rights
Finally, some copyright notices include a brief copyright statement outlining the specific rights reserved by the copyright owner. While not mandatory, a statement of rights can help clarify the scope of protection for the work, including more detailed information about which rights are being reserved or granted. The following are 2 of the most common types of rights statements.
All rights reserved
The phrase “all rights reserved” in a copyright notice signifies that the creator or copyright holder retains complete control over the work’s use, distribution, and reproduction. No part of the material can be used without the copyright owner’s explicit permission. If a third party wants to use the content—whether for commercial purposes, distribution, or adaptation—they must obtain a license or authorization from the copyright holder. This option provides the highest level of protection, ensuring that the work cannot be legally copied, modified, or shared without consent.
Candy company See's uses this phrase on its website footer: ©2024 Copyright See's Candy Shops, Inc. All rights reserved.
Some rights reserved
The phrase "some rights reserved" allows the copyright holder to grant specific permission to use the work, often through a licensing system like Creative Commons. This designation allows others to use, share, or adapt the work under certain conditions, such as non-commercial use or with attribution. It can encourage broader distribution while still maintaining some control over how the work is used.
Stock photo website Unsplash allows many images to be used for both commercial and non-commercial purposes. However, these images cannot be sold or compiled in a way that competes with Unsplash itself.
To offer only specific permission for content, it’s helpful to include licensing terms that clearly outline allowed uses. For example, you may provide an image of a product that users can customize with their own artwork. Specifying what users can and cannot do with the image, such as allowing posting on social media but restricting resale or redistribution, ensures clarity and protects your rights.
Start protecting your content today
Copyright notices play a crucial role in protecting your work. By clearly displaying ownership and providing the necessary information, you give others actual notice of your rights, which helps prevent infringement. While not mandatory, a well-placed copyright notice strengthens your legal position in the event of unauthorized use. These notices are a simple but effective step in safeguarding your intellectual property and ensuring proper recognition.