The Power of the © Notice
Posted by Rebecca Blake on September 15, 2016
In June, we reported on attorney Leslie Burns’ article on CMI: copyright management information. Burns advised visual artists to put a visible copyright notice on work they post online, since doing so provides the artists with additional tools to bring to bear, should the work be infringed. In her follow-up article, “Your © is More Than CMI,” Burns goes into greater detail on how to effectively use the copyright notice, and why doing so is such a good practice.
First, Burns explains that the copyright notice must include the copyright symbol, the date of publication, and the copyright owner’s name. (For those confused on what the date of publication is, she goes into a bit of detail.) She then explains that if an infringer uses a work that had a copyright notice removed, the infringer can’t claim “innocent infringement” – even if the infringer got the artwork from another source, and had no idea that a copyright notice had been removed. Burns cites two copyright cases that support this rule: BMG Music v. Gonzalez and Maverick Recording v. Harper.
Infringers who have used works from which the copyright notice of watermark was removed have violated §1202 of the DMCA (Digital Millenium Copyright Act). Burns calculates that the infringer could be looking at a minimum of $3,250 in damages ($750 for the infringement, and $2,500 for the DMCA violation), and possibly attorney’s fees.
Of course, none of this will apply if the visual artist hasn’t first registered his or her work with the copyright office. Remember, a work must be registered before an artist can sue for copyright infringement.While an artist can register work after detecting that it's been infringed, damages are limited if the work is registered after the infringement occurs. WIth a background in business and marketing management for a photography studio and a design firm, Burns is huge advocate for visual artists. Her website, Burns the Attorney, features a steady stream of articles on legal issues creative types need to be on top of.
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