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Notice of Copyright

Tip provided by:

Robert J. Incollingo
Attorney at Law
4 Munn Avenue
Cherry Hill, New Jersey 08034
856-857-1500
www.rjilaw.com

Every thermographer should know that an image which bears the symbol © (the letter C in a circle) is claimed to be copyrighted, and be interested to learn that although original infrared images and videos can be registered with the Copyright Office of the Library of Congress, no publication or registration or other action such as placing a notice of copyright on the image is legally required. The maker’s copyright is secured automatically when the image is created and fixed in a tangible copy for the first time. While certain rights flow from registration, it is an optional step, just like placing a copyright notice on the image. The copyright owner can elect to put a copyright notice on his image, but he doesn’t have to, nor does he have to get advance permission from, or registration with, the Copyright Office if he does.

The prescribed form of copyright notice for infrared images and other “visually perceptible copies” should contain all the following three elements:

(1) The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and
(2) The year of first publication of the work; and
(3) The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: © 2017 Infraspection Institute

While the use of a copyright notice is no longer required under U. S. law, it still has importance because it informs the public that your work is protected by copyright, identifies you as the copyright owner, and shows the year of first publication of the copyrighted work. Copyrights generally last for the life of the author plus 70 years, so logically, the year of publication is unimportant in figuring when the copyright expires, but can be relevant in any court battle over alleged infringement. Given these benefits, when you feel your creation deserves protection, you should use a copyright notice and use it correctly.

Bob Incollingo is an attorney in private practice in New Jersey and a regular speaker at Infraspection Institute’s annual IR/INFO Conference.