#FreeLegalTip: Copyright Markings

Voted Best Lawyer | 99% Success Rate* | No Fees Until You Win*

Properly mark copyrighted materials

Properly mark your copyrighted materials.

It is no longer legally required to use a copyright notice on your work. Previously, formal copyright notices were required by law, and such notices may still be required on older works.

Although a copyright notice is not required for newer materials, it is often a good idea to use one anyway. There are several reasons for this:

Copyright Notice may Avoid Accidental Infringements

Not everyone is aware that copyright notices are no longer legally required. If you do not include a copyright notice on your material, someone may innocently use your work without your permission. Because copyright notices are commonly included on copyrighted materials, someone could easily assume that a work without a notice is not protected by copyright laws.

By including the notice, there is a much greater chance of avoiding accidental unauthorized use of your work by others.

Economic Viability of Taking Legal Action

It can be expensive to enforce a copyright. Even if your work has been copied without your permission, it could cost you more to enforce your rights than the amount you recover from the infringer.

Damages for copyright infringement are normally greater if the infringement was willful compared to innocent infringements. If a copyright notice is included, an infringer cannot claim their use of the work was innocent. On the other hand, without a copyright notice, it can be difficult to prove willful infringement. An innocent infringer may still be liable for copyright infringement, but the damages they are liable for will likely be much lower than if their violation of the copyright was willful.

Copyright Notice may Deter Infringement

The copyright notice prevents an infringer from arguing their infringement was innocent. This may deter potential infringers from copying your work. If they do so and you bring a legal action, they will be considered willful infringers and may be subject to more damages.

Certain Countries Require a Notice

There are some countries that required a formal copyright notice. Using a notice will enable you to protect your work in those countries.

It’s Easy to Do

It’s typically easy to add a copyright notice to a work. The cost is little or nothing, and there are significant potential benefits to using a notice.

Keep in mind that the location of the notice is important, as well as the actual words and symbols used in the notice.


Free Case Evaluation

We have recovered over $100 million on behalf on injured clients. Contact us today for a free case evaluation.

    * Required

    NOTICE: Sending us a message does not make you a client. Until we agree to represent you, anything you send may not be confidential or privileged.

    14747 N. Northsight Blvd, Suite 111-280
    Scottsdale, Arizona 85260

    Free Consultation (480) 361-2442

    * IMPORTANT: Our “99% success rate” is based on personal injury cases that resulted in a settlement (in any amount) or a trial/arbitration result in favor of our clients. Matters where the lawyer or client terminated representation before the conclusion of the matter are excluded from this calculation. “No fees until you win” means that we take injury cases on a contingency fee basis. Past results cannot predict or guarantee future outcomes. Every case is unique, and every case involves risk including the risk of loss. If there is a loss, you may have to pay opposing parties’ attorney fees and costs.

    Using this website does not create an attorney-client relationship. Sending or receiving messages to or from this website does not create an attorney-client relationship or cause those communications to be confidential. Until we have agreed to represent you, anything you send us may not be confidential or privileged. This website is for informational purposes only. It does not offer any legal, financial, business, tax or medical advice. Studnicki Law Firm may associate with other lawyers on certain matters. By using this website, you agree to the Terms of Use, Disclaimer, and Privacy Policy.