Using a Copyright symbol: © - FREE Legal Information | Legal Line (2024)

The Copyright Act does not require that any symbols be used to indicate that works are subject to copyright. However, if you are going to distribute your work to the public, you should use the copyright symbol to let others know that the work is protected.

If you do not mark your work as copyrighted using this symbol, and later sue someone for copyright infringement, you will likely be awarded lesser damages. The person who infringes your copyright can argue that they have only done so because they were not aware and had no reasonable grounds to believe that the work was copyrighted. This is known as the “innocent infringement” defence.

The copyright symbol

The copyright symbol consists of a letter “c” in a circle, followed by the name of the owner of the copyright and the year the work was first published. For example, the copyright symbol, followed by Jane Doe, comma, 1999 – which reads as © Jane Doe, 1999 – indicates that Jane Doe is the author of the work that was first published in 1999.You can use the copyright symbol even if you have not registered your copyright.

Copyright symbols in other countries

Other countries have different requirements. If you want copyright protection in countries which require copyright registration, it is advisable that you use the copyright symbol. The United States is one of those countries which has requirements for registration and marking that Canada does not. For more information, refer to theCanadian Intellectual Property Office.

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Using a Copyright symbol: © - FREE Legal Information | Legal Line (2024)

FAQs

Using a Copyright symbol: © - FREE Legal Information | Legal Line? ›

The Copyright Act does not require that any symbols be used to indicate that works are subject to copyright. However, if you are going to distribute your work to the public, you should use the copyright symbol to let others know that the work is protected.

Is it legal to use the copyright symbol without registering? ›

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Can you put the copyright symbol on anything? ›

You can place the copyright symbol on any original piece of work you have created. However, it is important to note that adding the copyright symbol does not enhance your work's protection in any way. You are merely making a statement that you claim to own the copyright.

How to use copyrighted material legally? ›

In general, the permissions process involves a simple five-step procedure:
  1. Determine if permission is needed.
  2. Identify the owner.
  3. Identify the rights needed.
  4. Contact the owner and negotiate whether payment is required.
  5. Get your permission agreement in writing.

Can I use copyright free? ›

You can use a work without the author's permission if it's in the public domain.

Is a symbol legally registered? ›

A trademark is a symbol, word, or words legally registered or established by use as representing a company, product or service.

When can you use copyrighted material without permission? ›

Fair use may be made of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. However, the use of a work for one of these purpose does not automatically qualify as a fair use.

When should I use the copyright symbol? ›

Even though the copyright notice is no longer required, it should still be placed on all published works. Use of the notice is recommended for the following reasons: it informs the public that the work is protected by copyright (and thereby helps to scare aware potential infringers);

Where should you put a copyright symbol? ›

The copyright symbol is usually tucked away at the edge or a corner of a published or produced material that's considered “visually perceptible” either directly or with a machine's help. Though quite small, its presence holds a huge significance, especially for the copyright holder.

When to use copyright or trademark symbol? ›

™ The trademark symbol is used to designate an unregistered mark or one that has yet to be confirmed. It has no legal meaning or protection. ® The registered trademark symbol is used to designate a trademark that has been registered federally in the U.S. Patent and Trademark Office (USPTO).

Can I use copyright material for personal use? ›

Fair use allows limited use of copyrighted works without permission. Under the fair use provision, you may quote passages for review or criticism or make a copy of an article or a book chapter for private study, scholarship, or non-commercial research.

How to get permission to use a logo? ›

To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. Third parties should never use someone else's logo without a licensed agreement, including program and corporate logos.

What is an example of fair use copyright? ›

Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.

What is considered copyright-free? ›

What is “Copyright-Free”? “Copyright-free” refers to a work where the artist has waived their copyright rights. This means that they still own the work, but they are not interested in collecting royalties, receiving credit for their work, or otherwise being recognized for their ownership/creation of that work.

What makes something copyright-free? ›

Works in the public domain are those that are never protected by copyright (like facts or discoveries) or works whose term of protection has ended either because it expired or the owner did not satisfy a previously required formality.

Can I use a copyright-free image? ›

Yes, there are forms of permissible commercial use of free stock photos. Carefully check the license terms before doing so. The licensing conditions available include Creative Commons Zero (CC0) licenses or licensing terms that limit commercial usage or require attribution.

What happens if you get caught using copyrighted material? ›

Downloading or uploading copyrighted work without authority constitutes an infringement. Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.

How much copyright material can you use? ›

Fair Use Length Guidelines
Printed Material
PoemsUp to 250 words.
Articles, Stories, Essays < 2,500 wordsEntire article, story, or essay.
BooksUp to 10% or 1,000 words, whichever is fewer, but can use at least 500 words.
Charts, Pictures, Illustrations, Cartoons1 per book or periodical issue.
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