Written on January 9th, 2005 at 11:01 am by Darren Rowse

Are Explicit Copyright Notices Necessary for Weblogs and Web Pages?

Miscellaneous Blog Tips 1 comment

Dave Taylor answers the question “Are Explicit Copyright Notices Necessary for Weblogs and Web Pages?” and writes:

‘This means that you do not need to have an explicit copyright notice for you to have a legally enforceable copyright, as long as your name appears on the work as an author. Anonymous material is covered too, but you can read about that yourself if you’re interested.

The US Copyright Office clarifies how the Berne Convention applies to U.S. Copyright law: “The use of a copyright notice is no longer required under U.S. law, although it is often beneficial.

Continuing to quote from the Copyright Office: ”Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not give any weight to a defendant’s interposition of an innocent infringement defense—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner would otherwise receive.“’



Good answer which is what I was advised by my own legal investigations. Dave goes on in the article to write about what makes a good copyright notice. Well worth the read.

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