Home Intellectual Property Copyright Disclaimer

Copyright Disclaimer

The owner of an original work created by him/her can copyright such work with the copyright office. Copyright is an authority method for protecting an individual's unique, inventive work. The owner of a copyright gets exclusive ownership to utilise the copyrighted work. A copyright disclaimer is a declaration by the copyright owner to establish ownership over the original content. Any person reproducing/using a copyrighted work can also give a copyright disclaimer that reproduction of such work is protected under Section 107 of the United States Copyright Act, 1976. It also includes the details of the source (copyright work) of the content used in reproduction.

1,64,739 Happy Customers

Get Free Consultation

99.9% customers satisfaction guaranteed.
No Hidden charges

What is Copyright?

With very few exceptions, copyright ownership gives the owner of a work the only authority to use it. At the point when somebody makes a original work and fixes it in a tangible medium, they naturally secure responsibility for copyright to the work.

The official way for an artist to protect their creative work is through copyright. Generally, copyright can be used to protect a variety of content types. Songs, artwork, plays, poems, films, and novels are a few examples of these kinds of works. Increased copyright protection for websites and other online information has been observed recently. A variety of types of works are protected by copyright, including:

Audiovisual media, such as films, TV series, and videos on the internet
Sound recordings and musical compositions.
Written pieces such as books, blogs, essays, lectures, and musical compositions.
Visual materials such as paintings, posters, and ads.
Video games and computer software.
Dramatic pieces, such as plays and musicals.

The sole performing rights to their works of art, such as paintings, films, books, etc., are typically granted to the creators. The copyright will be violated if this work is duplicated by another individual. When it comes to authors, copyright will safeguard the unique way in which they have expressed themselves via their works. Systems, concepts, and factual information that are included in the work are not covered by copyright.

Getting permission from the copyright owner is the best way to use someone else's work. Once you have authorisation, you can utilise the copyrighted content without fear of violation. Copyrighted material should not be used if obtaining permission is impractical.

Features of Copyright Disclaimer:

The following are the features of a copyright disclaimer:

It provides the source of the reproduced work to the readers or viewers
It protects the legal right of the copyrighted work
It helps to specify the scope of obligation and rights enforceable in a legally recognised relationship
It protects the particular views/creativity expressed by the original author
It helps to take proactive measures to ensure the legal rights to Intellectual Property Rights (IPR)

Types of Copyright Disclaimers

Below are the types of copyright disclaimers:

Warranty copyright disclaimer
Investment copyright disclaimer
Confidentiality copyright disclaimer
No-responsibility copyright disclaimer
Views-expressed copyright disclaimer
Fair use copyright disclaimer

Advantages of Using a Copyright Disclaimer

The advantages of endowing any reproduced work with a copyright disclaimer under Section 107 are as follows:

It demonstrates to readers or viewers the duplicated work of the reproducer's legal awareness. It presents the replicator as a reliable information source;
It serves as a means of letting readers or viewers of any work that has been copied know where the information used to create the copy came from;
To make it easier to legally prove the bona fide intention, it creates the claim of "fair use" under Section 107 even before a copyright infringement case reaches the court and
By giving the copyright owner due credit, the reproducer respects his paternity right, which is the right of a copyright owner to claim credit for his work.

Disadvantages of Using a Copyright Disclaimer

It is not as beneficial to include a copyright disclaimer as it is detrimental. This is due to the fact that a copyright disclaimer does not serve as a legitimate means of bolstering the argument that the copied work is shielded by Section 107. No court has approved of it. In reality, whether or not something is fair use must be replied to as the result of a copyright infringement lawsuit. It isn't viewed as fair utilise simply because the reproducer embeds a copyright disclaimer, gives credit to the first copyright owner, or claims the activity is allowed by Section 107. Therefore, the copyright owner is not legally prevented from bringing a lawsuit for copyright infringement by a copyright disclaimer.

Sometimes, the worst error a reproducer can make is to include a copyright disclaimer. The reason for this is that the replicated work's copyright disclaimer openly states that its contents were lifted verbatim from a work protected by copyright.

Furthermore, adding a copyright disclaimer is the least serious way for the reproducer to acknowledge in court that he violated someone else's copyright. The reproducer shouting, "Hello, I have copied the contents of your copyrighted work without your permission," is the direct equivalent of the disclaimer to the copyright owner. Even though I knew it was a copyrighted work, I nonetheless copied it. Although I am aware that it violates your rights, that was not the intention. Section 107 provides protection for it. The reproducer may be held liable for the disclaimer. It serves as proof that the copyright holder was aware of the existence of the copyright. Evidence of this awareness could cause the reproducer to lose a lawsuit for copyright infringement.

Process of Adding Copyright Disclaimer

Below are the processes involved in adding a copyright disclaimer statement to a reproduced work:

Mention the publication year

The copyright disclaimer statement must mention the year of the publication. The year of issuance of work by the author through sale or lease should be clearly mentioned.

Mention the name of the copyright author

The copyright disclaimer ought to specify the name of the copyright holder and the specific description of the creator's work that is utilised in the reproduction.

Use copyright symbol

The copyright mark © ought to be included in the copyright disclaimer. If a portion of the duplicated work is protected by copyright, it can also be indicated by using the term "copyright."

Attach the copyright disclaimer in a visible place

The copyright notice should be placed or attached in a visible place in the reproduced work segment. Typically, a copyright notice can be found on a few pages of a book, at the bottom of a written piece of music, or at the footer of a webpage.

Include the rights statement

The copyright disclaimer statement should contain the right statement (fair use clause) to show what rights a copyright owner is holding. A fair use clause informs the readers or viewers of the reproduced work that though a copyrighted material is used for fair use, anybody who wants to use the material for any purpose other than the one mentioned under Section 107 must obtain the permission of the copyright owner.

Copyright Disclaimer India

The concept of 'fair use' of copyright originated in the United States under the Copyright Act. However, a similar principle exists in other common law jurisdictions. In India, the concept of fair use of a copyright is provided under Section 52 of the Copyright Act of 1957. It provides that a person can use/reproduce the copyrighted work by adding a copyright disclaimer. The copyrighted work, when reproduced for fair use for the below purposes, does not amount to infringement:

Private or personal use
Research
Criticism
Review
Reporting of current events and affairs

Reproducing a copyrighted work legally can be accomplished by using the copyright disclaimer. It will be considered infringement if someone uses a copyrighted work without adding a copyright disclaimer. Additionally, the copyright disclaimer protects writers' and artists' creative works by allowing their work to be used under fair use guidelines.

Disclaimer: This material is only meant to be used for informational purposes. The act of accessing or using this website or its contents does not establish an attorney-client relationship. This website's content is not intended to be legal or professional advice. It shouldn't be depended upon for these kinds of things or utilised in place of legal counsel from a lawyer certified in your state.

Why Kanakkupillai?

At Kanakkupillai, we utilize our industry experience and information to direct companies through perplexing regulations, decrease risks, and smooth out processes for ideal efficiency and productivity. From offering you guidance initially to ensuring you comply with all post-registration compliances and guidelines, we can help you with everything.

Frequently Asked Questions

Are terms and conditions and a copyright disclaimer the same thing? +

No, terms & conditions and copyright disclaimers are not the same thing. Terms and conditions explain the guidelines for using the content that the content creator has prepared, whereas the former is an affirmation that addresses the potential legal liabilities that may result from duplicating any copyrighted work.

Is it necessary to notarise a copyright disclaimer? +

No, notarisation is not required for a copyright disclaimer. It suffices to merely place it anywhere readers or viewers may easily reach it.

When can a Copyright Disclaimer be used? +

A Copyright Disclaimer is a disclaimer you can use on your book, website, film or other original work. It informs consumers that your work is original and should not be used without approval.

Why should I have a Copyright Disclaimer? +

While Copyright Disclaimers aren't required by any law, they're incredibly helpful to those who wish to legally protect their work. They put people on notice that your work is copyright protected and can help deter infringement and plagiarism.

How does an online law firm work? +

Being an online legal practice, we take care of the hassles associated with charging by the hour and scheduling in-person consultations with attorneys. Depending on what works best for you, we can communicate by phone, email, or cloud conferencing! Despite your busy schedule, we are just a click away. Our knowledgeable attorneys will help you navigate this process. They departed from the conventional corporate legal field to assist us in improving legal services. Our attorneys focus on technology, corporate and commercial law, intellectual property, and contract preparation.