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explains how to apply copyright notices to your work, and
what the requirements and implications are.
The first thing to note is
that for copyright there is only one form of the symbol (©),
unlike trade marks, where there is a symbol for registered
trade marks (®) and a symbol for unregistered trade marks
(™).
To qualify for use of the
registered trade mark symbol (®) you must register your
trade mark with the appropriate authority in your country,
whereas the trade mark symbol (™) can be applied to any
symbol you are using as a trade mark. Use of the copyright
symbol is more similar to use of the trade mark symbol, as
work does not need to be registered in order to use it.
You can place the copyright
symbol on any original piece of work you have created. The
normal format would be to include alongside the copyright
symbol the year of first publication and the name of the
copyright holder, however there are no particular legal
requirements regarding this. While it has historically been
a requirement in some jurisdictions to include a copyright
notice on a work in order to be able to claim copyright over
it, the Berne Convention
does not allow such restrictions, and so any country signed
up to the convention no longer has this requirement.
However, in some jurisdictions failure to include such a
notice can affect the damages you may be able to claim if
anyone infringes your copyright.
A similar situation exists in
relation to the phrase "All Rights Reserved". This
phrase was a requirement in order to claim international
copyright protection in countries signed up to the 1910
Buenos Aires Convention. However, since all countries signed
up to the Buenos Aires Convention are now also signed up to
the Berne Convention (which grants automatic copyright) this
phrase has become superfluous. The phrase continues to be
used frequently but is unlikely to have any legal
consequences.
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