Filter

Open

What is Copyright Notice, and Why Bother with It?

22

JAN

2021

A copyright notice may seem like little more than superfluous text tacked on to the end of a website or email, but it is actually quite a helpful tool in protecting IP of this nature.

All countries of ASEAN, with the exception of Cambodia and Myanmar, are party to the Berne Convention, which removed the requirement for copyright notice to be applied to works (though it should be noted that neither Cambodian nor Burmese law expressly orders it either). For those who don’t know, the Berne Convention is an international agreement over copyright; it came into force in 1886 and 179 countries are party to it.

Whilst not mandatory, providing copyright notice for your works is still a useful and recommended practice. As the name suggests, a copyright notice serves to notify the public that the work they are viewing is your protected IP, and there are many benefits to affixing it.

A copyright notice will generally contain either the word “Copyright” or the “©” symbol, the year of publication and the name of the author or owner of the rights. Some copyright notices also include a statement of rights (e.g. “All rights reserved”) to inform of which rights are intended to be kept over the material. Some examples of copyright notices are seen below:

As previously mentioned, there are many advantages of applying a copyright notice to your work, the first of which being that it eliminates any confusion as to who owns it. It clearly informs the reader that copyright protection applies, as well as the name of the owner and the date from when it applies. This can especially come in handy in any copyright disputes where the competing party is attempting to argue that they infringed your copyright innocently; copyright notice ensures that liability cannot be avoided in this manner as the infringer cannot claim that they were not aware copyright existed.

The addition of a copyright notice to a site may also aid it in looking more formal and official. Even if it doesn’t technically enforce anything, it may help deter any potential infringers. People without much knowledge in copyright might otherwise think that your work is free to use. It is easy and free to add, and does not require any form of registration or permission with the relevant IP office. It also does not interfere with any of the benefits already provided by copyright protection.

It is important to note, however, that affixing a copyright notice to your site or work does not automatically grant you any rights where there otherwise would not be. In other words, if you intentionally copy or steal another person’s work, adding a copyright notice won’t make you the rightful owner or exempt you from liability. Additionally, just because a work has not displayed a copyright notice, does not mean that copyright doesn’t apply to it.

The bottom line is that copyright notice, when applied correctly, provides clarity to the public on what is protected. Whilst in itself it does not grant or enforce rights, it is an easy way to help prevent infringement issues later on, and is a worthwhile addition to your work. Stay tuned for our next article on how you can claim rights to your copyright in Southeast Asia.

Harley Rose is an IP trainee at KASS International, an established intellectual property firm with offices in Malaysia, Singapore, Indonesia, Myanmar, Thailand and Vietnam. For more information, please visit www.kass.asia or drop an e-mail to kass@kass.asia.

About the Firm

KASS International Sdn. Bhd.
Address Suite 8-13A-2, Menara Mutiara Bangsar, Jalan Liku, Off Jalan Riong, Bangsar, 59100 Kuala Lumpur, Malaysia
Tel 60-3-2284 7872
Fax 60-3-2284 1125
Email hello@kass.asia
Link www.kass.asia

Related Articles

01
JUN
2022
Why Logo Design is Crucial to Business Success
01
JUN
2022
A logo is an important aspect of a business’s makeup and plays a critical role in promoting pu...

Read More

05
MAY
2022
Food at Your Doorstep – Just One Click Away!
05
MAY
2022
Remember the days when we ignored our cravings for our favorite meal because of the thought of havin...

Read More

11
FEB
2022
How to Pick a Diamond in the Rough: 3 Qualities of a Successful Franchisee
11
FEB
2022
A franchisee can make or break your business. This has become even more applicable in the aftermath ...

Read More

07
FEB
2022
Franchises after the Pandemic: Boon or Bane?
07
FEB
2022
The COVID-19 vaccines have arrived on our shores. If effectively rolled out and deployed on schedule...

Read More

05
JAN
2022
Are Cover Songs an Act of Infringement?
05
JAN
2022
Cover songs have always been a major part of music culture, with both famous and amateur singers acr...

Read More

05
JAN
2022
Cool Influencers vs Cruel Infringers: Do KOLs Have IP Rights?
05
JAN
2022
I still remember the day I told my mom that my friends and I were going to shoot a short film and up...

Read More

03
DEC
2021
Top 3 Reasons to Register a Patent for Your Invention
03
DEC
2021
Say “Hey Google, turn off the lights” and Google Assistant will switch off the lights in...

Read More

11
NOV
2021
Gloves, Musang King Durians and IP Rights
11
NOV
2021
“TOP GLOVE’S R&D arm ranks second highest among Malaysian patent applicants in 2020&rdqu...

Read More

15
SEP
2021
COVID-19 Pandemic: IP Issues & Challenges
15
SEP
2021
While the COVID-19 pandemic enrages the world, there are frantic efforts to produce effective and sa...

Read More

09
AUG
2021
Are You Taking Advantage of RCEP Provisions?
09
AUG
2021
Businesses have started to multiply their corporate assets in the ASEAN countries by taking advantag...

Read More

08
JUL
2021
Netflix: A Binging Addiction Surrounding Intellectual Property
08
JUL
2021
To stream, binge and watch. These days, audiences in search of entertainment have one place in mind ...

Read More

25
MAY
2021
Strange But Unique Inventions
25
MAY
2021
Who would have thought that in 2021, wearing a mask would actually be a part of everyday life? A new...

Read More

26
APR
2021
Voila! A Chic Hijab!
26
APR
2021
CHIC?? VOILA?? What do these two words have to do with a hijab? Well, in this case – plenty! I...

Read More

07
APR
2021
World-Changing Women Wonders
07
APR
2021
The field of science, technology, engineering and math (STEM) is often male-dominated and studies sh...

Read More

02
MAR
2021
ABCs of Trademarks
02
MAR
2021
Have you ever wondered whether plain alphabets can function as trademarks for goods or for services?...

Read More

02
FEB
2021
Poking Fun at a Trademark, and Making $$$ from that – Is it Infringement?
02
FEB
2021
If you’re going to make a joke about someone’s brand, you had best make sure they have a...

Read More

09
NOV
2020
Let’s Make Functional Foods Fully Functioning!
09
NOV
2020
First you look at it, next you smell it and then you take a bite of it. For centuries, consumers hav...

Read More

15
OCT
2020
Non-Traditional Trademarks
15
OCT
2020
It is a great time to stand out and be different. Thanks to our new Trademarks Act 2019, individuals...

Read More

31
AUG
2020
Imaginations Vs Innovation Vs Patents
31
AUG
2020
“What? A card for paying money?” This is how people might have reacted when they were f...

Read More

02
AUG
2020
Copyright and Commissioning: Everything You Need to Know
02
AUG
2020
Commissioning has been described as the “lifeblood of the artistic world”, implying that...

Read More

03
JUL
2020
COVID-19 The Pandemic Affecting The IP World (And Basically Everything Else)
03
JUL
2020
Where hope was once the prevalent state of mind when a new year rolled around, this year that notion...

Read More

09
JUN
2020
Don’t Go Brexit My Heart!
09
JUN
2020
Britain finally decides on a finale, ending a half century bond and “divorcing” Europe o...

Read More

09
JUN
2020
COVID-19 Vaccines & Treatments: Who Owns the Rights?
09
JUN
2020
Moderna Inc., Sanofi, AstraZeneca plc, Roche, Gilead Sciences and Novartis are just some of the many...

Read More

06
APR
2020
From Tatooine to Naboo, Intellectual Property Protection in The Star Wars Franchise
06
APR
2020
’Tis the season when the force awakens fans of the Star Wars franchise around the galaxy far, ...

Read More

05
FEB
2020
Wherefore Art Thou Spider-Man?
05
FEB
2020
Tensions rose, jaws floored – will Spider-Man no longer be part of the Marvel Cinematic Univer...

Read More

  • 1
  • 2