A Closer Look At The Copyright Symbol

The enclosed C or copyright symbol © is one that is seen so often people hardly even notice it anymore. It is, however, an important, internationally recognized sign and its presence has implications for the general public. The © mark is the sign used for copyright notices for works other than sound recordings which instead use the enclosed P.

Beginnings of the Copyright Symbol

Other symbols in the past have been used to signify that works were copyright protected. For example, in the 17th century in Scotland, works were printed with the local coat-of-arms to show that these were original and authentic. In the United States, the Copyright Act of 1909 introduced the use of the enclosed C as a copyright protection symbol to be strategically visible in protected works.

The use of the symbol enabled a departure from the lengthy prescribed copyright notice that had to be printed on the pages of a book in previous years. It also meant creating a compromise to meet the demand from representatives of artists’ organizations not to put anything other than the artist’s signature on a painting.

As a result of negotiations, the © mark was supposed to be inconspicuously placed on the canvas next to the name of the artist. Placing this symbol was deemed sufficient announcement that there was in fact a complete notice elsewhere. For paintings, the more elaborate notice could be placed on the mounting instead of the surface of the artwork. The abbreviated notice as represented by the symbol was allowed in works of art and a limited class of works that could be copyright protected. However, ordinary books and periodicals still needed the full wording for copyright protection.

Use of the Symbol in US Copyright Notice

After 1909, the use of the copyright notice through its symbol has been common in American publications even after the Berne Convention Implementation Act of 1988 affirmed that the moment work been created and expressed in tangible form, it was in effect copyrighted. In the United States, the presence of the symbol serves not only to inform but also to bestow on the copyright owner the prerogative to sue for damages in federal court.

To this day, although since 1989 the United States has been a signatory to the Berne Convention, US copyright notices still require the use of the symbol, or the word "Copyright" or abbreviation "Copr.". This is to be directly followed by the year of first publication of the copyrighted work; and the name of the owner of the copyright.

Related Symbols for Copyright Protection

Apart from the C within a circle, other symbols are used to notify the general public that a certain work is protected. Among these symbols are the following:

• For trademarks and patents, the enclosed capital letter R or the ® sign is used in some places as notice that the trademark has been officially registered and recorded as a property of the trademark or patent holder.

• The enclosed capital letter P or the ℗ sign is used as a notice to show that a sound recording is copyright protected.

• The enclosed letter M Ⓜ is protection notice that a certain mask work is protected. This refers to the topography or layout of integrated circuits or ICs or chips.

How Relevant is the Copyright Symbol for Ordinary Authors

The enclosed C or the © for copyright can be placed on any work for as long as the work is original and is not derived, whether in part or in full, from any other work; and for as long as the person or persons claiming copyright protection authored the work. In the spirit of the Berne Convention, this may be done even without officially registering the work at a government office.

There are questions today regarding the enforceability of copyright protection emanating from the presence of the copyright notice. The usual writer may not be sure that the symbol itself can be used by everyone or that this has any value at all. As a matter of fact, infringement cases have been successfully litigated in favor of copyright holders. One way of looking at things would be to consider that because of the present environment and the available technology, it would not hurt to independently use the copyright sign. This would serve as a precaution against the possibility that parties other than the author may unscrupulously benefit from the work at a later time.