What is the meaning of copyright? How does a copyright disclaimer work? And how do you write one?
In this post, we’ll go through all these questions and show you how to write a proper copyright statement for your original work!
First of all, let’s start with some definitions: what is copyright, exactly?
Copyright is essentially the “right to copy.” Once you’ve created an original work and fixed it in a tangible medium (for example, a photograph, a song, or a computer program), you are the author and the owner of your work and thus have the exclusive right to use it.
Copyright is automatically granted when you publish your original work, and – ideally – your name should be cited anytime someone shares or uses your content. But unfortunately, it’s not always that easy to prove or enforce ownership, especially when it comes to online content.
Here’s where copyright disclaimers go on stage.
A copyright disclaimer is a simple notice stating your name, the date, and a statement of rights. Its purpose is to inform people that the original content you’ve created belongs to you because you are the author.
This article is a part of our series on compliance for bloggers and web publishers. Read also:
However, there can be some exceptions to copyright, allowing people to use your content lawfully.
For example, the Copyright Law of the United States mentions fair use as one. According to Article 107, people can use copyrighted content for the following reasons:
And these are not considered copyright infringements.
Therefore, you’ll enjoy US-copyright rights when your work is being used (or infringed upon) in the US, Italian copyright in Italy, and so on.
Now that you’ve made it this far, it’s time to get things done.
How do you practically write a copyright notice for your website or blog?
If instead, you’re looking to create a more in-depth document that covers every aspect of copyright – who’s the owner of the content, how people are allowed to use and share your content, or any disclaimer of liability – you can use this copyright disclaimer template as a guide.
[Your Company/Organization Name] Copyright Disclaimer
This Copyright Disclaimer (“Disclaimer”) sets forth the rights, limitations, and obligations concerning the use of copyrighted materials owned by [Your Company/Organization Name] (“Owner”). By accessing or using any materials, content, or intellectual property owned by the Owner, you acknowledge and agree to the terms of this Disclaimer.
Copyright Ownership: [This section should contain details on the ownership of the materials and content on your site. See sample text] All materials, content, and intellectual property, including but not limited to text, images, graphics, logos, audio, video, and software, made available on [Your Company/Organization Name]’s website, publications, or other platforms, are protected by copyright laws and owned by the Owner unless otherwise stated.
Permission for Personal Use: [This section should include licensing information and your rules for the use of your content. It’s important to be precise here. We highly recommend either consulting with a legal professional or using a generator created by legal professionals like our Terms and Conditions Generator] You may view, download, or print copyrighted materials from [Your Company/Organization Name]’s platforms solely for personal, non-commercial use.
Disclaimer of Liability: [Here you should include any statements that limit your liability. Again, as these documents tend to be legally binding, we do recommend using a professional solution.] The Owner shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of copyrighted materials, including but not limited to errors, omissions, or inaccuracies in the content or loss or damage of any kind incurred as a result of the use of any copyrighted material.
Modification and Termination: [Here you should include your rules and rights when it comes to modifying or terminating this copyright disclaimer. Consider things like your method (if any) of updating users to changes to your disclaimer].
By accessing or using any copyrighted materials owned by [Your Company/Organization Name], you acknowledge and agree to abide by the terms of this Copyright Disclaimer. If you do not agree with any of these terms, please refrain from accessing or using the copyrighted materials.
For any inquiries regarding this Copyright Disclaimer, please contact [Your Company/Organization Name] at [contact information].
Date: [Date] [Your Company/Organization Name] [Address] [City, State, ZIP] [Website]
This is a general and basic template and must be customized to fit your specific circumstances and requirements. As mentioned, because these are legally binding documents, we highly recommend consulting with legal professionals or using a generator created by legal professionals to ensure compliance with applicable laws and regulations.
Once you’ve written it, you can add your copyright statement to your website’s footer. It’s where disclaimers are usually placed.
Alternatively, you can add a copyright statement in your About Us or Contact page, since it’s where visitors are likely to look for information about you, or in the sidebar of your website.
Another way to include copyright disclosures is through a Terms and Conditions document, which will help you protect your content in a legally binding way. If you’re not sure whether you really need a Terms and Conditions document, take this quiz (it takes only 30 seconds!).
Simple sentences are often not enough to protect your content and intellectual property. That’s why stating your Terms are important. Set things like licensing, Creative Commons, limitations of liability and more.
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Please note that it is important to write your own copyright notice that accurately reflects the content on your website to protect yourself from any potential legal issues. But let’s take a look at an example taken from the website of The Guardian:
Creators, businesses, and individuals must navigate the complex landscape of copyright law to safeguard their work and respect the rights of others. A key tool in this effort is the use of copyright disclaimers. These statements clarify the ownership of content and outline how it can be used, providing a clear framework for both creators and consumers. This section will explore various copyright disclaimers examples, offering insights into their structure, purpose, and best practices for their implementation. Whether you are looking to protect your original work or understand how to use copyrighted material legally, these examples will serve as a valuable resource.
Now let’s go over a few more examples, here are 10 examples of copyright:
As you can see, from the 10 examples of copyright they all follow the same structure, the one we highlighted in our template above. They all have the copyright symbol (©), the name of the company that owns the rights for the content, the year or year range, and a statement of ownership. Moreover, all these disclaimers examples are placed in the website’s footer.
Please note, a website isn’t the only place where you may need a copyright statement. For example, these disclaimers are often used in YouTube videos, Facebook posts and emails, especially if you’re using copyrighted content that does not belong to you. Let’s have a closer look at each one of them.
You would need a copyright notice for YouTube in two cases:
Here’s a copyright disclaimer example for YouTube:
Creating a description on YouTube to avoid copyright issues involves being transparent about the content you use and ensuring you have the proper rights or permissions. Here’s a template for a YouTube description that can help you avoid copyright problems:
Video Title: [Your Video Title Here]
Description:
Welcome to my channel! In this video, [briefly describe the video content]. I hope you enjoy watching it.
Copyright Disclaimer:
The content used in this video is intended for educational and informational purposes only. All rights to the images, music, clips, and other materials used belong to their respective owners. I do not claim ownership over any third-party content used.
Fair Use Notice:
This video may contain copyrighted material, the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law.
Music and Media Credits:
Permissions:
If you are the rightful owner of any material used in this video and have a concern about its use, please contact me at [Your Email] and I will address it promptly.
Follow Me:
Subscribe for more content:
Don’t forget to subscribe to my channel for more videos like this and click the bell icon to stay updated!
Support My Work:
Note: Including a disclaimer and crediting sources doesn’t automatically exempt you from copyright claims. It’s important to ensure that your use of copyrighted material falls under fair use or that you have obtained the necessary permissions.
As with YouTube, you may need a copyright statement on Facebook when you’re sharing or posting copyrighted material on your Facebook page or profile.
A Facebook copyright disclaimer example could state:
No copyright infringement is intended. I do not own nor claim to own the rights to any of the [type of content] shared.
A copyright statement is not usually needed in emails, as copyright law generally applies to the use and distribution of creative works.
However, if you are including copyrighted material in an email, such as an attachment that contains copyrighted images or text, you may want to include a notice in your email to indicate that you are using the material in a way that is allowed under copyright law.
You can do this by including a citation or attribution in your email. An email copyright disclaimer example could state: “Image by [name of copyright holder]” or “Excerpt from [name of book] by [name of author].”
Even though a copyright statement is a good starting point in protecting your content, we can’t guarantee that it will be enough. Original online content is often used without permission when not stolen and repurposed with a different author’s name.
Anyway, you could still do one thing to be even safer: you could create your Terms and Conditions document! See 5 reasons why you need Terms and Conditions here →
👉 Terms and Conditions (also known as “Terms of Service” “Terms of Use”) are legally binding documents and help you set your rules for the use of your site and content in a legally enforceable way.
You can decide how people may use your content through Terms and Conditions. Terms also allow you to add disclaimers and limitation of liability clauses to protect yourself against the misuse of your content.
The copyright disclaimer under Section 107 outlines that certain “fair use” conditions allow you to reproduce or use copyrighted materials in ways that would typically be unauthorized. These conditions include:
Copyright copy paste, although tempting, no, you should not copy and paste a copyright disclaimer. Doing so can lead to incorrect ownership details, wrong dates, and rights that may not align with what you intend to reserve. Always tailor the disclaimer to reflect your specific ownership and rights.
Even without posting a disclaimer, copyright laws still protect you. However, proving ownership of your work can be more challenging and time-consuming without a disclaimer. A well-placed video disclaimer or music video disclaimer can simplify the process of asserting your rights.
Copyright disclaimers are vital for protecting and maintaining your intellectual property rights. Creating one takes just a few seconds but offers substantial protection.
The key components of a copyright disclaimer include:
For businesses with branding, logos, writing, photos, art, choreography, or other creative materials, adding a copyright disclaimer to your website or app clearly communicates the rights you retain over your content.
Additionally, copyright disclaimers can support your “fair use” claims when reproducing others’ work for purposes such as criticism, commentary, or parody.
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