Technology &
Internet Law
Copyright FAQs - What Exactly is the
Significance of the © Copyright Symbol?
Aspects of the Universal Copyright Convention and the Berne Convention
There are two major international multilateral copyright conventions which
operate in the global system. One is the Berne Convention for the
Protection of Literary and Artistic Works (Berne) and the
Universal Copyright Convention. Most European and Commonwealth countries
belong to Berne, however
up to recently the US only belonged to the
Universal Copyright Convention. In 1989 the US acceded to the Berne Convention.
Under the Universal Copyright Convention, generally speaking, a work by a national or domiciliary
of a country that is a member of the Universal Copyright Convention or a work first
published in a Universal Copyright Convention country may claim protection under the Convention. If the work
bears the notice of copyright in the form and position specified by the Universal Copyright Convention,
this notice will satisfy and substitute for any other formalities a Universal Copyright Convention member
country would otherwise impose as a condition
of copyright. A Universal Copyright Convention notice should consist of the symbol accompanied by the
name of the copyright proprietor and the year of first publication of the
work. To qualify for copyright protection in countries that are only members
of the Universal Copyright Convention, it is necessary that works bear, in a prominent place and from
the time of first publication, the copyright symbol - © - together with the
name of the owner of the copyright and the year of first publication, for
example: © Kaltons Internet and Technology Solicitors 2002.
However, under the Berne Convention, generally,
a work first published in a Berne Union is eligible for protection in all Berne member countries.
There are no special requirements like affixing the copyright symbol.
Use of the copyright symbol was significant when the US was not a member
of the Berne Convention and it would only recognise copyright where the © symbol
was used in accordance with the UCC. The UCC has been largely overtaken by
the other treaties that do not require any formalities.
However, using the © symbol, while having little legal effect, alerts others
that copyright is claimed in the material in question, and removes any argument
that the user relied on an implied licence to use the work.
NEED TO KNOW MORE?
For further information
on copyright protection and how it applies for you, contact Julian Danobeitia. Should you prefer to telephone, call us on +44 (0)207 278 1817.
Kaltons Solicitors, Suite 302, Spitfire Studios, 63-71 Collier Street, London, N1 9BE. Telephone +44 (0)20 7278 1817; Fax: +44 (0)207 278 1835.
© Kaltons Solicitors
2000. All rights reserved.
