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Why Is Copyright Neglected?

by Carol_A
10 replies
I am new to the scene (3 months).

Question: Am I mistaken to perceive old copyrights on web pages as an indication that the site owner does not give attention to detail, is too busy to keep things current and updated...and may have too much on their plate?

It makes me wonder why so many marketers have expired copyrights. Isn't there a code or something that could update this automatically?

I guess it is a pet peeve of mine to land on an attractive website with wonderful graphics, great content and then at the bottom, a copyright that is 2-3 years old! Makes ya wonder!
#copyright #neglected
  • Profile picture of the author Tashi Mortier
    Of course there are some easy scripts to do this!

    Code:
    <?php
 echo 'Copyright 2006 - ' . date('Y');
?>
    That's all you need. But I guess that's just a minor detail and it would take a lot of time to update this on several pages. Copyright is good for 70 years after the death of the author anyways.
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  • Profile picture of the author Will Edwards
    Copyright is affixed to a text when it is published. The fact that you may see a copyright that is a year or two old does not invalidate timeless content, but a script like the one above actually does no justice to the concept.

    Will
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    • Profile picture of the author Dan C. Rinnert
      Don't use an automatically updating script if the site is not regularly updated.

      For example, if you created a website in 2006 and haven't touched it since, you cannot legitimately say "Copyright 2006-2011" because you have not added anything new to the site that merits new copyright protection in the years since 2006. Doing so may constitute a false claim of copyright.

      It's not likely to be something anyone is going to go around and check on and fine or sue you for, but, the reason you put up a copyright notice is to strengthen your copyright claim to your work. If you ever end up taking someone to court for infringing upon your copyright, it may not be in your best interest to, essentially, have a false copyright claim on your website.

      If you update your website regularly, then such a script may be an added convenience. But, beware if you stop updating your site.

      Disclaimer: I am not a lawyer.
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      • Profile picture of the author SteveJohnson
        Originally Posted by Dan C. Rinnert View Post

        Don't use an automatically updating script if the site is not regularly updated.

        For example, if you created a website in 2006 and haven't touched it since, you cannot legitimately say "Copyright 2006-2011" because you have not added anything new to the site that merits new copyright protection in the years since 2006. Doing so may constitute a false claim of copyright.

        It's not likely to be something anyone is going to go around and check on and fine or sue you for, but, the reason you put up a copyright notice is to strengthen your copyright claim to your work. If you ever end up taking someone to court for infringing upon your copyright, it may not be in your best interest to, essentially, have a false copyright claim on your website.

        If you update your website regularly, then such a script may be an added convenience. But, beware if you stop updating your site.

        Disclaimer: I am not a lawyer.
        This is just bad information.

        The copyright notice does absolutely nothing - doesn't help with copyright claims or anything else. It just lets people know that you're aware that your writing is protected under the copyright laws. You don't even have to put the notice up, because copyright protection is automatic. In order to enforce your copyright, your work does have to be registered with the US Copyright Office, but that's a whole other can of worms.

        You can't make a 'false claim of copyright' if you own the copyright. And since publication date doesn't even matter anymore (except in a couple of obscure cases), the date doesn't make any difference anyway.

        From 17 USC 302:
        In general. Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.
        If you'll notice, nowhere is mention made in the above about date of publication.
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        The 2nd Amendment, 1789 - The Original Homeland Security.

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        • Profile picture of the author Dan C. Rinnert
          Originally Posted by SteveJohnson View Post

          This is just bad information.

          The copyright notice does absolutely nothing - doesn't help with copyright claims or anything else. It just lets people know that you're aware that your writing is protected under the copyright laws. You don't even have to put the notice up, because copyright protection is automatic. In order to enforce your copyright, your work does have to be registered with the US Copyright Office, but that's a whole other can of worms.

          You can't make a 'false claim of copyright' if you own the copyright. And since publication date doesn't even matter anymore (except in a couple of obscure cases), the date doesn't make any difference anyway.
          Well, as I pointed out, I am not a lawyer.

          So, enlighten me. Tell me how my advice would hurt anyone. Let's say you have a website you put up in 2006. You claim "Copyright 2006-2011," even though you have not done a thing with it in the past five years. You have not added new material subject to a new copyright. You've done nothing. So, your copyright notice is misleading because there was nothing put on your site that was covered by a new copyright in 2007, 2008, 2009, 2010 or 2011.

          You're effectively announcing to the world that you created and placed new material on your site in 2007, 2008, 2009, 2010 and 2011 when none of that was true at all.

          At any rate, how is my advice harmful or bad? Let's say you put up a website in 2006 and put a "Copyright 2006 [Your Name]" notice on there. You don't add new content in subsequent years and don't modify the copyright date. Is that harmful?

          Now, let's say you put a copyright notice with a span of years, 2006-2011. You find your content on someone else's site from 2009. They turn around and claim that you must have stolen it from them in 2009 and put it on your site. Does that invalidate your copyright claim? No. But, it may create an additional burden for you. You've now got to prove you didn't add any new content, that your original work was created in 2006, when your copyright notice may be contradicting you.

          The bottom line is I don't think it looks good for anyone's credibility to make a false claim. And, if the date doesn't matter anyway, why not be honest and forthright about the date rather than be misleading with it? Just because a copyright notice is not a requirement doesn't mean that it's unimportant to be accurate with it when it is used.

          I realize this is a marketing forum and maybe some marketers don't care about "little" things like accuracy in copyright notices. But, I value my content and I like to have my is dotted and my ts crossed. I don't see how maintaining accuracy in a copyright notice is a bad thing.
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          Dan's content is irregularly read by handfuls of people. Join the elite few by reading his blog: dcrBlogs.com, following him on Twitter: dcrTweets.com or reading his fiction: dcrWrites.com but NOT by Clicking Here!

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  • Profile picture of the author Carol_A
    Thanks for taking the time to respond, everyone.

    Tashi: Where would I insert that code? I regularly update my content and actually started three months ago, so would be 2010-2011. I would insert it on my Privacy Policy, etc. as well.

    TIA
    Signature
    Carol Amato
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    • Profile picture of the author SteveJohnson
      Originally Posted by Carol_A View Post

      Thanks for taking the time to respond, everyone.

      Tashi: Where would I insert that code? I regularly update my content and actually started three months ago, so would be 2010-2011. I would insert it on my Privacy Policy, etc. as well.

      TIA
      You'll have to add it to your custom_functions.php file.
      Code:
      function footer_copyright() {
?>
<p class="copyright">Copyright &copy; <a href="<?php bloginfo('url'); ?>"><?php bloginfo('name'); ?></a>. All rights reserved.</p>
<?php
}
add_action( 'thesis_hook_footer', 'footer_copyright' );
      That's all there is to it, except for styling the paragraph.
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      The 2nd Amendment, 1789 - The Original Homeland Security.

      Gun control means never having to say, "I missed you."

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  • Profile picture of the author Michael Oksa
    By the way, you can file most copyright claims online. It doesn't cost all that much and is relatively easy.

    1. Set up your account at U.S. Copyright Office

    2. Fill out the form.

    3. Make your payment.

    4. Upload your material.

    5. Done.

    All the best,
    Michael
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    "Ich bin en fuego!"
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  • Profile picture of the author CDarklock
    Originally Posted by Carol_A View Post

    Question: Am I mistaken to perceive old copyrights on web pages as an indication that the site owner does not give attention to detail
    Yes, you are mistaken.

    The copyright year in your copyright notice is the date when copyright first applied to the content on the page.

    Imagine that I start a web site in 2008, and I put an index page on it. That index page is "Copyright 2008."

    If I do not change it in 2009, which I very well may not if the content on it remains valid, the copyright notice should continue to say "Copyright 2008." It should not be updated to say "Copyright 2008 - 2009," because none of the content on the page is copyright 2009.

    If I then alter the web site during 2010, leaving some or all of the existing content there while adding further content, the copyright notice may be altered to EITHER "Copyright 2008 - 2010" to reflect that the earliest copyright year is 2008 and the latest is 2010, or "Copyright 2008, 2010" to offer the further detail that no content on the page is copyright 2009.

    And if, in 2011, I replace the page entirely with completely new content... the copyright notice should say "Copyright 2011" because all content on the page is copyright 2011. None of the content is copyrighted from previous years.

    This is pretty much the exact opposite of not giving attention to detail.

    Furthermore, the copyright notice on your web page is not required for copyright to apply, and the year is included simply as a handy quick reference for legal counsel. The term of copyright is established by the relevant international laws, not by the year you list in the footer, and proof of copyright needs to be established in some other fashion.

    What you write in your copyright notice doesn't actually mean jack squat. You can write "Copyright 1542" and it not only doesn't convey any actual legal status to your work, but doesn't represent any liability either. Fundamentally, the copyright notice is there for your own casual quick reference and has no other useful purpose.

    If you don't care, then don't write a copyright notice at all. Or just make something up. It won't hurt anything. If you do care, then what you put in the copyright notice doesn't prove anything and you'd better take other steps to establish your copyright ownership, as established by the relevant legal jurisdictions.

    I'm not a lawyer, but I know Title 17 USC pretty darn good, you betcha.
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    "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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  • Profile picture of the author Carol_A
    WOW, I received an education in one day!

    Thank you all so much for helping in this area - glad to know I was mistaken...it was drivin' me nuts. lol

    Now I know better.
    Signature
    Carol Amato
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