Copyright - is this sign necessary?


The word "copyright" in English means "copyright." Thus, the designation Copyright says that a given work is protected by copyright, all rights are reserved, and the right to financial and personal benefits belongs to the creator of the work. Is a copyright mark necessary to protect your work?

What is it and where did the © - Copyright sign come from?

Copyright is the copyright of the work. This trademark dates back to the Universal Copyright Convention as revised in Paris on July 24, 1971. The purpose of the Convention was to ensure protection of copyright to literary, scientific and artistic works in all countries of the world.

Art. III of the Universal Convention

Any contracting State which, in accordance with its domestic law, requires compliance with such formalities as a condition of copyright protection, such as deposit, registration, reservation, notarization, payment of fees, production or publication in its own country, shall consider these requirements to be met. in respect of any work protected under this Convention which was first published outside that State and which was not authored by a national of that State, and where, since the first publication of that work, all copies of the work published under the authority of the author or other rightholder have been provided with the symbol C and the name of the copyright holder and the year of first publication; the symbol, name and year should be displayed in a manner and place that clearly indicates the copyright protection.

According to the above article, labeling a work with the symbol C in a circle (©) is the basis for copyright protection (extending to all countries) for that work - until 1979.

In 1979, the Berne Convention for the Protection of Literary and Artistic Works (an international agreement) stipulated that copyright protection for a work did not require the use of the designation "Copyright" - and that national legislation through its provisions was to establish such protection by operation of law.

Under the Berne Convention, copyright protection is automatic, no registration, no copyright notice or © stamp is required. The convention was signed by 163 countries, including Poland.

What does a copyright mark do?

The designation Copyright (©) is copyright protection of the work in question. Marking a given work (books, CDs, etc.) with a C sign in a circle informs that it is forbidden to copy or change it, and that the right to use and any other rights related to authorship is vested solely by the creator of the work.

Is it necessary to use copyright?

In Poland, the Copyright note is neither necessary nor necessary, because under the Copyright Act, the mere manifestation of an individual creative activity testifies to the author's copyrights and is protected by law, without any formalities.

Art. 1 of the Copyright Act

1. The subject of copyright is any manifestation of creative activity of an individual nature, established in any form, regardless of its value, purpose and manner of expression (work).

2. The work is subject to copyright from the moment it is established, even if it is incomplete.

3. The creator is entitled to protection irrespective of fulfilling any formalities.

Although the Copyright designation is not necessary, it does not hurt to label your work with this symbol - this symbol may facilitate the pursuit of claims in court disputes where the other person has copied the work. The copyer will no longer be able to plead ignorance that a given product is someone else's work and is protected by copyright, because the Copyright mark clearly indicates that all rights to the work are reserved.

To sum up, the Copyright mark does not condition the protection of the work, as it is protected by law, but it facilitates the investigation of possible damage in a lawsuit.