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Demystifying Copyright Symbols

May 27, 2019 By Kelley Keller

Demystifying Copyright Symbols

Be confused no more!  I’m about to take the guesswork out of how to create and use a proper copyright notice.

You see copyright symbols all the time but may not be sure what the symbol really means.

The copyright symbol, the letter C in a circle, or ©, may be used for any “original work of authorship,” that is a creative work which merits copyright protection. While use of the symbol is no longer required by law, it is extremely beneficial. Including a copyright notice on a work puts the public on notice that its owner is claiming a proprietary copyright interest in the work and if the work is infringed, the accused in the infringement lawsuit cannot feign “innocent” infringement if a proper notice was displayed on the work.

What exactly is the correct format for a copyright notice?

  1. © symbol, “Copyright” or “Copr.”
  2. Year of first publication
  3. Name of the copyright owner 

Example:  © 2019 Kelley Keller

What does publication mean?

Publication is the distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. Offering to distribute copies for purposes of further distribution, public performance, or public display constitutes publication, e.g. delivering books to a bookstore or making them available on Amazon.com. Note that a public performance or public display without distribution does not constitute publication, e.g. displaying a painting at an art exhibit.

Copyright notices have never been required for unpublished works. However, if an owner would like to include a notice to indicate a claim of rights, it would be appropriate to include something along the lines of this:


Unpublished work:  © Kelley Keller

Who is the copyright owner?

The owner of a copyrighted work is often also the author or creator, but in many cases they are different. For example, a pop singer may be the author (or writer) of a song, but a record company may own the copyright (this would have been negotiated in the record deal). Any time one “sells the rights” in a work, the author does not change, but the owner does.

What does it mean when the letter P is used instead of a C in the notice?

You may have seen the funny P symbol on your CDs. For phonorecords or something that embodies a sound recording (e.g. a CD), the letter P in a circle, or ℗, appears in the copyright notice rather than a C.

Where exactly do I put the notice?

The notice should be placed in a way that gives “reasonable notice” to the public. It must be permanent, legible, and not obscured or difficult to find.

In fact, the U.S. Copyright Office has issued regulations to help with this very issue.  To learn more, take a look at www.copyright.gov/title37.

In sum …

  • Use of a copyright notice is no longer required by law, but it is very beneficial to do so and should be used whenever possible.
  • A proper notice includes the © symbol (or word “Copyright” or abbreviation “Copr.”), the year of first publication, and name of the copyright owner.
  • If the work has not been published, no notice is required, but you may include an appropriate notice if you wish, such as Unpublished work © 2019 Kelley Keller.
  • Put the notice in a conspicuous place and be sure it is legible and permanent.

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

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What People are Saying about Kelley Keller

Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-04:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-04:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-04:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-04:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-04:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-04:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
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