There are about half a dozen countries that would not be a publication, nor would
do not afford copyright protection to works circulating copies to colleagues (a restricted not containing valid copyright notices.
group) for comment.
(See Chapter 12, “International Copyright
A copyright notice has never been required
Protection ,” for a detailed discussion.)
for unpublished works, and will not bar an
Providing a copyright notice on your work
infringer from raising the innocent infringe-
will enable your work to be protected in
ment defense. But, under certain circum-
these countries.
stances, it might be desirable to provide a
notice on an unpublished manuscript.
TIP
Placing a copyright notice on your
Notices for Online Works
published work costs nothing and may end
up saving you thousands of dollars by deterring
It’s not altogether clear whether making a
others from copying your work and enabling you
copy of a work available online constitutes
to recover your full measure of damages against
a publication. However, you should assume
those who do copy it. Always, always, always place that it does. Place a copyright notice on a valid copyright notice on your published work!
anything you don’t want copied.
CHAPTER 2 | COPYRIGHT NOTICE | 19
Form of Notice
able in the United States, but not in many
foreign countries. So if your work might be
There are strict technical requirements as
distributed outside the United States, be sure
to what a copyright notice must contain.
to always use the © symbol.
Follow these rules exactly or your notice
may be found to be invalid and not
accomplish its intended purpose. A valid
Year of Publication
copyright notice contains three elements:
The copyright notice must also state the
• the copyright symbol
year the work was published. For first
• the year in which the work was
editions, this is easy. Put the year the work
published, and
was actually published. (See “When to
• the name of the copyright owner.
Provide Notice,” above.)
It is not required that these elements appear
in any particular order in the notice, but
New versions
most notices are written in the order set forth The copyright notice for a new version of above. We’ll discuss each element in turn.
a work must contain the date that version
was published. (See Chapter 6, “Adaptations
Adding the Word
and Compilations,” for when changes in a
“Copyright” to the Notice
work make it a new version for copyright
purposes.) The notice need not contain the
Often, you’ll see the word “Copyright” or the
date or dates of the prior version or versions.
abbreviation “Copr.” fol owed by or preceding
However, it is common practice to include
the © symbol—for instance, “Copyright ©.”
such dates in the copyright notice. One
Technically, this is not required—the ©
reason is to let the reader know when the
symbol alone is sufficient. However, it is a
earlier versions were created. Another reason
good idea to include the words, anyway,
to do this is that it is not always easy to tell
because they will further clarify that the work
is protected by copyright.
if a work qualifies as a new version under
Copyright Office rules.
EXAMPLE: Sal y Bowles published the first
edition of her high school textbook on French
Copyright Symbol
in 2015. The copyright notice reads “Copyright
© 2015 by Sal y Bowles.” The book is revised
You should use the familiar © symbol—
and republished as a second edition in 2018. If
that is, the lowercase letter “c” completely
the second edition qualifies as a new version,
surrounded by a circle. The word “Copyright”
the notice need only state “Copyright ©
or the abbreviation “Copr.” are also accept-
2018 by Sal y Bowles.” However, Sal y is not
20 | THE COPYRIGHT HANDBOOK
sure whether the changes she made were
exclusive copyright rights have been
substantial enough to make the second edition
transferred.
a new version. She decides to err on the side
of caution and writes the notice like this:
Author or authors
“Copyright © 2015, 2018 by Sal y Bowles.”
Unless a work is made for hire (see below),
the original author or authors own all the
Form of date
copyright rights. Where all these rights are
The date is usually written in Arabic
retained, the author’s name should appear
numerals—for instance, “2018.” But
in the copyright notice.
you can also use abbreviations of Arabic
EXAMPLE: Eli Yale self-publishes a book on
numerals—for instance, “’18”; Roman
ivy gardening in 2018. Eli wrote the book
numerals—for instance, “MMXVIII”; or
himself and owns all the copyright rights. The
spelled-out words instead of numerals—for
copyright notice should state: “Copyright ©
instance, “Two Thousand Eighteen.”
2018 by Eli Yale.”
If there are multiple authors, they should
TIP
all be listed in the copyright notice. The
authors’ names can appear in any order.
Copyright tip. Copyright owners
sometimes state the year of publication in
EXAMPLE: Joe Sixpack, Louis Loser, and
Roman numerals in the hope readers won’t
Benny Bigmouth write a book together
be able to decipher it and will think the work
about nuclear physics. All their names
more recent than it real y is. However, dates
should appear in the copyright notice. For
not written in Arabic numerals may not be
example: “Copyright © 2018 by Joe Sixpack,
acceptable in some foreign countries.
Louis Loser, and Benny Bigmouth.”
Works made for hire
Copyright Owner’s Name
A work made for hire is a work made by
The name of the copyright owner must
an employee as part of his or her job, or a
also be included in the notice. Briefly, the
work specially ordered or commissioned
owner is:
under a written work-for-hire contract. (See
• the author or authors of the work
Chapter 7, “Initial Copyright Ownership.”)
• the legal owner of a work made for
The writer’s employer or other person
hire, or
for whom the work was prepared is
• the person or entity (partnership or
the copyright owner, and that person’s
corporation) to whom all the author’s
CHAPTER 2 | COPYRIGHT NOTICE | 21
(or en
tity’s) name should appear in the
If You Want to Remain Anonymous
copyright notice. The writer-employee’s
name should not be included in the notice.
The word “anonymous” should not be used
EXAMPLE: Archie and Marion are technical
in a copyright notice, because an author
writers employed by Datavue Publications,
is obviously not general y known by that
Inc. As part of their job, they write a techni-
name. Likewise, it is not advisable to use a
cal manual that Datavue publishes. Only
pseudonym by which you are not general y
Datavue’s name should appear in the copy-
known. You can avoid revealing your name
right notice: “Copyright © 2018 by Datavue
in a copyright notice, and still ensure the
Publications.”
notice’s validity, by transferring all of your
copyright rights to your publisher. This
way, the publisher’s name may appear
Transferees
in the notice. Another approach would
If all of the copyright rights owned by the
be to form a corporation, transfer your
author—or by the owner of a work made
entire copyright to it, and then use the
for hire—are transferred to another person
corporation’s name in the notice.
or entity, that name should appear in the
copyright notice on all copies printed and
distributed after the transfer. However,
The most common form of transfer of
any copies published before the transfer
rights is by a writer to his or her publisher.
occurred may be distributed without
A writer can sell all or part of his or her
updating the notice.
copyright rights to a publisher. This is a
matter for negotiation. Trade book publishing
EXAMPLE: Eli Yale self-publishes his book
on ivy gardening in 2017. His name alone
contracts typical y provide the publisher with
appears on the copyright notice. He prints
an exclusive license to exercise the rights
1,000 copies and, by January 2018, 500 have
the publisher needs (for example, the right
been sold. In February 2018, Eli transfers his
to publish the book in all English-speaking
entire copyright in the book to Joe Harvard,
countries). In this event, the author’s name
the owner of a small bookstore. Joe is now
should appear in the copyright notice, not
the copyright owner. However, Joe can
the publisher’s name, because the author
distribute the 500 unsold copies without
has retained some of the copyright rights.
updating the copyright notice they contain,
Another approach, commonly used in
even though the notice states that Eli is
textbook publishing, is for the author to
the copyright owner. But if Joe prints and
transfer all copyright rights to his publisher.
distributes any new copies, his name alone
Where this occurs, the publisher’s name
should appear in the copyright notice.
should appear in the notice.
22 | THE COPYRIGHT HANDBOOK
What Name Goes on the Notice
Form of name
Where Rights Are Transferred
Usually, the owner’s full legal name is
to Different People?
used. However, it is permissible to use an
We explain in Chapter 8, “Transferring
abbreviation of the owner’s name; a last
Copyright Ownership,” that a copyright is
name alone; a trade name, nickname,
completely divisible—that is, the owner may
fictitious name, or pseudonym; initials;
transfer all or part of the owner’s exclusive
or some other designation, as long as the
copyright rights to whomever, however
copyright owner is generally known by the
he or she wishes. For example, a copyright
name or other words or letters used in the
owner can transfer less than all rights owned
notice. However, if the author is generally
and retain the others, or transfer some rights
known only by his or her full name, only
to one person or entity and all the others
that name should be used in the notice.
to other transferees. In this event, it can be
If the copyright owner is a corporation,
confusing to determine just who the owner
it is not necessary to include the word
of copyright is for purposes of the copyright
“Inc.” in the name, even if this is part of
notice. The general rule is that unless the
the corporation’s full legal name. Nor is
author—or owner of a work made for
it necessary for the word “by” to precede
hire—transfers all copyright rights to a single
the copyright owner’s name, although it is
person or entity, the author’s name should
commonly used—for example, a notice can
appear in the notice.
be written as “Copyright © 2018 by Joe
EXAMPLE: Lucy has written a novel. She
Blow” or “Copyright © 2018 Joe Blow.”
sel s to Schulz Publishing Co. the right to
publish the book in hardcover in North
America. Lucy sel s the paperback rights
Notice on Compilations
to Pequod Press. Final y, Lucy sel s the
and Adaptations
right to publish her novel outside of North
Compilations and adaptations are formed
America to Linus Publications. Lucy’s
all or in part from preexisting material.
name alone should appear in the copyright
Nevertheless, it is usually not necessary that
notice on the hardcover, paperback, and
the copyright notice for this type of work
foreign editions of her book. In contrast, if
refer to the preexisting material.
Lucy sold all her rights to Schulz, its name
should appear in the notice.
The one exception to this general rule
Compilations
is where a collective or derivative work is
A compilation may be a collective work—
created from preexisting material.
that is, a work that consists of separate
and independent works assembled into a
CHAPTER 2 | COPYRIGHT NOTICE | 23
collective whole, such as encyclopedias,
Although an individual contribution to
anthologies, and serial works like
a compilation does not have to have its own
magazines, periodicals, newspapers,
copyright notice, a notice is permissible where
newsletters, and journals. A compilation
the copyright in the contribution is owned
may also be a work in which preexisting
by someone other than the owner of the
materials—usually data of various types—
compilation as a whole. This may help deter
are selected, coordinated, and arranged so
a potential infringer and make clear that the
that a new work is created—for example, a
owner of the copyright in the compilation
catalog. (See Chapter 6, “Adaptations and
does not own that particular contribution.
Compilations,” for a detailed discussion.)
Unless a person who creates a compila-
Publication date for compilations
tion uses material in the public domain, the The copyright notice for a compilation
compiler must either own the preexisting
need only list the year the compilation
material used in the work or obtain the
itself is published, not the date or dates the
permission of those who do own it. If the
preexisting material was published.
creator of a compilation does not own the
preexisting material, all he or she owns
EXAMPLE: Josephine self-publishes an
is the copyright in the compilation as a
anthology of her short stories in 2018. The
whole—that is, the copyright in the creative
stories were published in various literary
work involved in selecting, combining,
journals between 2001 and 2015. The notice
and assembling the material into a whole
on the anthology need only state 2018 as
work. Nevertheless, a compilation need only
the publication date.
contain one copyright notice in the name of
that copyright owner.
Advertisements
EXAMPLE: James Henry compiles and
The rule that a single notice for a compila-
publishes an anthology of the best American tion as a whole covers all the material in
short stories of 2018. The anthology
the work does not apply to advertisements.
contains 12 stories. The authors of the
Advertisements in serial publications such as
stories gave Henry permission to publish
periodicals, magazines, and newspapers must
them in the anthology but still retain all
carry their own copyright notice. However,
their copyright rights. The anthology need
an advertisement inserted in a compilation
contain only one copyright notice in Henry’s on behalf of the copyright owner of the
name: “Copyright © 2018 by James Henry.”
compilation need not contain its own
Separate copyright notices need not be
notice—for example, an ad inserted in Time
provided for the 12 contributions owned by
magazine by its owners urging readers to
persons other than Henry.
subscribe would not need its own notice.
24 | THE COPYRIGHT HANDBOOK
Adaptations (Derivative Works)
a website or blog. However, there is no harm
in doing so anyway if you want to make
An adaptation—called a derivative work in clear that the materials are copyrighted and
The Copyright Handbook Page 5