How to Start a Copyright Disclaimer

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An Overview of Copyright Disclaimer

Copyright Disclaimer is a statement that safeguards the actual content against user theft and layout both as a warning and a way to lessen risks; it protects an individual from liability. Anyone who reads the Copyright Disclaimer should admit the risk involved in using the website and act upon its details

According to Section 107 of the Copyright Act, Copyright Disclaimer states that interest is generated for fair use of ideas like comment, teaching, research, review, news reporting, etc. Fair use is a process that is authorised by Copyright Enactment, or it will be violated. When an author creates their work, they need to confirm the right to sell and make a copy of their work. A person who has invested their money and time to come up with a different result and if someone takes that result, it beats the primary objective of actual ownership and probably earning a living.

Different Types of Disclaimer in the Copyright

  • Warranty Disclaimer
  • Investment Disclaimer
  • Confidentiality Disclaimer
  • Views Expressed Disclaimer
  • Fair Use Disclaimer
  • Disclaimer Statement Summary
  • No Responsibility Disclaimer

Features of Copyright Disclaimer

  • Most of the content safeguarded under Copyright Disclaimer comprising downloadable files are safeguarded by Copyright;
  • The Copyright Agency permits their licensees & members to communicate & copy content for which the Copyright Agency owns the Copyright for their use;
  • Content safeguarded under Copyright Disclaimer is managed by Copyright Agency. The content in which Copyright is regulated or managed by others holds images shown under downloadable reports & licenses;
  • Except as allowed by the Copyright Law pertinent to you, you may not copy or transmit any content safeguarded under a Copyright Disclaimer.

Some Key Elements of Copyright Disclaimer

Following are some vital elements of Copyright Disclaimer:

  1. It serves as an asset to your actual work;
  2. Copyright Disclaimer helps in specifying the scope of rights & obligations that are enforceable in a legally identified relationship;
  3. It also helps in taking proactive measures to assure the legal rights to the IPR (Intellectual Property Rights);
  4. It safeguards the exclusive right and develops the statutory assurance of your work;
  5. It safeguards the particular way an author or creator expresses himself.

What are the Advantages of Copyright Disclaimer?

  1. Legal Proof of Ownership: If anyone steals your work, Copyright Registration will avoid a costly dispute over the ownership and release you of any legal problem.
  2. Ability of being an Infringement Suit: This is one of the most vital advantages of Copyright Disclaimer; even though a Copyright owner has rights in work, those rights with restricted grants cannot be forced via the courts unless the work is registered in India. Without Copyright Registration, the owner cannot make a lawsuit for Copyright Infraction.
  3. Public Notice of your Original Work and Ownership: With Copyright Disclaimer & Registration, the creator's work will be declared in the catalogue of the Copyright Office and be accessible to people. Anybody finding or determining your work will be able to look into this catalogue and see that your work is saved. This gives a notification to the public that you are the actual author or creator of this work and assists the loss claim of innocent infringement.
  4. Validity: Your Copyright Registration will show the Copyright validity if it is registered within five years of publication, and this can hold future challenges to your exclusive rights over creative work.
  5. Reputation: It also gives the Copyright owner the reputation that certain work belongs to them.
  6. Preventive Measures: Copyright Disclaimer aids in preventing others from making unwarranted use of the creator's work. If you come upon that someone copies the work, then the author can send a cease to notice. So, an individual doesn't have to trouble regarding legal proceedings at a later stage. This saves a lot of money & time.

Requirements of Copyright Disclaimer

  1. Expression: The expression of any concept will be allowed for Copyright while the ideas cannot be copyrighted.
  2. Fixation: There must be a creative or inventive approach locked in for creative work for a continuous state. For safeguarding a song, for instance, it should be registered on a tape, notated on any paper/registered onto a CD. A live depiction of the song will not be safeguarded.
  3. Uniqueness: It is obligatory for the Artistic Work to fulfil a basic level of creativity to be reviewed as the author's product. The examples or instances of others work will not be copyrighted, and neither can small facts, phrases, titles, etc. For e.g., titles and addresses in a contact book cannot be copyrighted; nevertheless, the photo on the front cover can be copyrighted.

Process of Copyright Disclaimer Statement

Step 1: Decide if your work is protected by Copyright: The owner of Copyright is required to place an effective notice on all publically distributed “visually appreciable” copies. Some examples of visually obvious copies involve books, photographs, films, or sheet music. A visually audible copy doesn’t cover what includes a sound recording like an MP3 recording, CD, or a vinyl record.

Step 2: Create a Valid Symbol: Visually appreciable models need to incorporate the Copyright or the © symbol and the (p) symbol for phone reports. You can also utilise the word "Copyright” or the abstract “Corp.” to make it noticeable that your work is protected by Copyright.

Step 3: Identify Publication Year: Following the Copyright Law, published materials refer to the distributed copies or phone records of your creative work. In recognising the publication year, it is when you have issued your works by sale or other changes like leasing.

Step 4: Announce your name of the Copyright Owner’s Name: You have to give the copyright owner's name and use your current name or any other name that you have the statutory power to use. If you want your company or entity to protect the Copyright, ensure that your business or company has been correctly authenticated. With a phone recording, the generator's name will be recognised as part of the notice if the producer is named on the container/label with the report comprising no other name.

Step 5: Attach the Copyright Notice in your work: You have to attach your Copyright Notice in a segment that will be clearly visible. It shouldn’t be covered nor concealed from vision. On a website, the Copyright Notice is generally seen in the areas like footer, at the base of a written piece of music/in some pages of a book. You may comprise a Copyright Notice in the credits or with the tile in a video.

Step 6: Contain a Rights Statement: This statement demonstrates to the public what rights you are holding for yourself. For instance, you could write “All Rights Reserved” if you do not want to leave anyone to duplicate your idea, “Some Rights Reserved” for a productive common license, or “No Rights Owned” if you pass all controls away.

How can you Copyright your Video?

A Copyright is a type of assurance grounded and allowed by law for distinct works of authorship fixed in a physical means of creation. Copyright covers both unpublished & published works. As soon as you put the audio, video, sound effects, and music into a form of a fixed format, like something that someone can observe, it is automatically copy written. So this becomes your property automatically, and no one is allowed to copy it. If someone has copied or duplicated your content, you can take stern action.

How can you register a Copyright?

Copyright Registration is one of the vital aspects of Copyright. If you don't register your Copyright & you are filing a complaint that your content is copied. The court asks for evidence of your Copyright. So Copyright Registration makes you safe and protected. You can also use the Copyright that you register in a Court to prove when that work was created & that it is yours.

When can you use the Copyright Disclaimer?

A disclaimer is used when your website’s content is only managed by you and copyrighted by you. Copyright Disclaimers are easy to prepare & involve the following elements:

  • Your business name or your name;
  • Copyright Symbol;
  • The year you created the content;
  • Reservation of Rights like All Rights Reserved, Some Rights Reserved, etc.

For example, you have a blog, and you have done publishing since 2012 and will continue to do so in 2020. To attach Copyright, you can add the Copyright Disclaimer at the bottom of the website's homepage along with the name of your company or blog, the years 2012-2020, and the Copyright Logo. The disclaimer presents blanket Copyright over all content that performs on your site. When your assign a Copyright Disclaimer on your created work, you are showing yourself with 5 rights to your work that can be only given by you and only you have the right to:

  • Create a new version;
  • Place or carry out the work in public;
  • Display it;
  • Publish or distribute it;
  • Make or create copies;

Above rights means that anyone who distributes, adopts, or modifies the work as their own – whether you have published it or not – has infringed your Copyright Disclaimer. So think of using a disclaimer in one or more of the ensuing places:

  • Homepage of the website;
  • Terms & Conditions;
  • Email Footers;
  • App Store Listing;
  • Within any Downloadable Content.

For example, The Economist is one of the well-known international publications that provide material in both digital & print forms. The legal team at The Economist added some piece of its disclaimer: the place of rights. The rights provide an enormous measure of content that comprises graphics, writing, and videos that can be distributed, adapted, or even boldly stolen.

Copyright Disclaimer Video on YouTube

Audio Copyright details can be listed on a YouTube video in two different ways, and you can check the same below:

  1. First, you have to prepare a line in the video highlighting “The audio in this video is Copyright material”, and you can also write the company name along with it;
  2. The second is to comprise an audio line before uploading the same in YouTube (such as watermarking on an image) while showing it online. The audio market is not the exact term, but it uses it as a source. Put a particular Copyright condition within the audio, “This audio file is prepared by “Name of the Company” and use it in routine intervals of the audio, though that would affect the execution of the audio, but perform as a protection measure. This will dishearten other users from downloading & using it.

Why Swarit Advisors?

We have trained and highly experienced professionals to help you in the entire procedure of Copyright Registration. Our professional will help & guide you with the overall process of filing the Copyright applications and related services and also makes sure the timely & effective completion of your work. Any individual has queries regarding what category their work comes under the Copyright Act or has problems applying Copyright within the correct category, feel free to contact us.

Frequently Asked Questions

It's a statement that aims to specify the scope of obligations & rights that may be used & enforced by parties in a legally identified relationship, and such statements vary in terms of their uniformity.

It consists of three components © symbol, the word "Copyright", and the abbreviation "Copr.”

It helps in giving details regarding the author & its copyrighted work, controlling the liability & may involve a general waiver of liability, and following the statutory compliances and safeguarding the copyrighted work.

It protects the work of the author and their business from legal action. It safeguards you from claims against your business from information used on your website.

Different nations have different legal systems, having a clear list of exceptions & limitations to Copyright. But every nation has a general clause, and such clauses are known as Fair Dealing or Fair Use clauses in Copyright Disclaimer.

Why Swarit Advisor?

Why Swarit Advisor
Swarit Advisors Private Limited

Syed Sajjad Raza Baqar

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