A copyright disclaimer means the declaration of any person using a copyrighted work in the form of reproduction, thereby proclaiming that the reproduction is legally protected under Section 107 of the Copyright Act, 1976. It also includes the relevant details of the source of copyrighted work or content used in such reproduction.
The purpose of adding a copyright disclaimer to any reproduction is to send a message to the readers that the reproduction does not infringe the copyright of the original work. Generally, it is seen on websites, blogs, videos, etc.
Types of copyright disclaimers
Following are the types of copyright disclaimers:
- Warranty copyright disclaimer
- Confidentiality copyright disclaimer
- Investment copyright disclaimer
- Views-expressed copyright disclaimer
- No-responsibility copyright disclaimer
- Fair use copyright disclaimer.
Requirements for copyright disclaimers
It is relevant to remind that copyright disclaimers are used when the work of copyrighted is replicated. In the first place, any work provides copyright only if it satisfies some requirements which are as follows:
- Expression: Mere plan or idea cannot be copyrighted.
- Fixation: The ideas fixed in the form of any visible medium can only be copyrighted.
- Uniqueness: A work should contain a substantial amount of creativity to be entitled to copyright.
Advantages of using a copyright disclaimer
There are some advantages of using a copyright disclaimer which are as follows:
- It exhibits the legal awareness of the reproducer to the readers of the reproduced work. It projects the reproducer as a reliable source of information.
- It proceeds as a way for the readers of any reproduced work to know the source of information that based on the reproduction is made.
- It establishes the claim of ‘fair use’ even before a case of copyright infringement reaches the court so that it is less difficult to legally manifest the authentic intention, and
- It gives a space for the reproducer to provide due credit to the copyright owner, thereby respecting the right of paternity.
What comes under Copyright Disclaimer?
- Architectural works.
- Computer programs.
- Picture arts.
- Graphical works.
- Sculptor works.
- Literary works.
- Musical and drama work.
- Artistic designs.
- Original and distinct words.
- Soundtracks and recordings.
- TV programs.
Who can use a Copyright Disclaimer?
Any person or individual who uses the original material or idea should use a copyright disclaimer. Music companies, website creators, manufacturers, and many more, which have the copyright of the original material from the source can use this. The original creator who creates a new idea uses the disclaimer to inform that he owns the rights to the product and services. Further prevent restoration, modification, and any use that will cause damage to the interest of the original copyright holder.
It is a declaration of the original creator to inform that he holds the rights to create or make copies, make new categories, publish and distribute. It prevents anybody from misusing, altering, and distributing their work or idea. It will attract legal liability.
Process of Copyright Disclaimer
The Process of Copyright Disclaimer is given below:
- See if you need copyright: – The first step to protecting an original work by bringing it under the copyright no responsibility disclaimer statement is to place a notice to this effect on all visibly obvious copies like; books, photographs, sheet music, films, etc.
- Place an appropriate symbol: – The symbol ©of copyright has to be integrated. A ‘copyright’ or ‘corp’ further can be used to make it clear that the work is covered through the copyright.
- Mention the year of publication: – According to Copyright Law, the distributed copies of original work are referred to as the published materials. When registering your content for copyright then mentioned the required year of copyright. The issuance year of work by sale or through leasing should be mentioned clearly.
- Declare the name of the copyright holder: – It must mention the name of the copyright holder.
- Attach copyright notice: – The copyright notice should be attached to a segment of your work. If you wish to secure the copyright in the name of the company, make sure that your business is legally registered and functions according to the rules and regulations of the Copyright Act.
- The copyright statement must be placed in your work: – The copyright notice should be attached in a division of your work. It should be noticeable and not invisible from the opinion disclaimer.
- Rights statement must be included: – The rights statement must be attached to show what rights the owner of the copyright is holding. In case you do not wish anybody uses your plan or idea or concept. You should have the statement of All Rights Reserved. If you wish to share some parts of the content with others then some rights reserved statement should be put. If you wish to leave all hold over the content then you can mention no rights owned.
It concluded that Copyright Disclaimer includes the relevant details of the source of copyrighted work or content used in such reproduction. The purpose of adding a copyright disclaimer to any reproduction is to send a message to the readers that the reproduction does not infringe the copyright of the original work. Generally, it is seen on websites, blogs, videos, etc. It provides a wide range of protection to the original work. It creates satisfaction for the creators in the use and productivity of their work. It inspires them to be more creative. There is a wide range of categories that are given under the copyright act.
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