Copyright Notice Examples

[TrustMoore_TN]

What wording are you guys using on your original designs for a copyright notice. I did a search and wasn't able to come up with much. Context is that we are designing a catering display for a chain of restaurants and we want to protect our original design work. Any input is appreciated. Thanks!

 

[Rick]

Are you designing it on spec to get the job?
Or do you have a contract and getting paid to design it?
Do you have an agreement that they will not shop the design around?
Are you going to contract this as a single location project or will it be allowed to be used by al the restaurants?

 

[HaroldDesign]

©2010 Caleb Maurice Artworks

©= hold alt key and type 0169

 

[TrustMoore_TN]

Are you designing it on spec to get the job?
Or do you have a contract and getting paid to design it?
Do you have an agreement that they will not shop the design around?
Are you going to contract this as a single location project or will it be allowed to be used by al the restaurants?

We are designing it on spec to get the job. We don't have an agreement yet that they will not shop the design around. My concern comes because we have bid on the entire sign package based on art they provided. Then they sent a spec for a display that another company had designed. We quoted based on that spec. They knew that design was going to be pricey so we designed another option to do everything in house and save them some money. My concern is that since we don't have any kind of commitment from them yet, that we walk into one of their locations one day and see our design or a variant thereof sitting in the lobby. Here is what I have so far... let me know if you think I'm covered with this...

Notice of Copyright:
Any original design or concept contained herein is the intellectual property
of [company legal name]. ©Copyright 2010 [company legal name] All rights reserved. Any reproduction of part or all of its contents in any form is strictly prohibited without express written permission.

 

[ChiknNutz]

Here's what we've used for a while now:

NOTE: Any layout designs and concepts accompanying this email message are the exclusive copyrighted designs of [Company] and may not be reproduced in any form without written consent of [Company].

 

[bob]

There is much misinformation on this subject. Your protection under current copyright law is the same whether you include some meaningless phrase or not on the work. You are the owner and operator of the copyright for all materials you created merely by virtue of the thing's existence. Tossing on some sort of copyright notice gives you nothing you don't already have. This has been the case since the Berne Convention of, I believe, 1989.

Actually registering a copyright with the appropriate apparatus gives you the ability to seek additional damages beyond those dictated by the implicit copyright. Nonetheless, you are protected just by creating something.

 

[Rick]

There is a reason I am asking...

Was the artwork you bid on by a designer (interior or environmental graphic design or restaurant designer) or another design/build firm?

 

[TrustMoore_TN]

The "contemporary" art that was supplied to us, by the chain, originated from a design/ad firm as best we can tell. It didn't appear to us that a fabricator designed it based on some oddball "designer added accessories" that made no sense as a final product. When we submitted our proposal for the interior sign package because they are seeking a new vendor, they asked if we would like to bid on this display as well. We of course said yes, and they gave us the concept drawing of what they had in mind. No hard specs, just so big, by so tall, by so deep, and it needs to do this, that and the other. So we took those specs, and as we started figuring out how to build what they designed, we started developing a new design concept, better engineered, and more in line with the interior store decor. So that new better concept is what we are wanting to protect since its very unique in its construction and use of materials. Does that long winded answer give you what you were asking for? LOL

 

[Rick]

Part of the problem is, when re-designing, or designing in spec is, you really need to be upfront about the 'worth' of the design. Then there is, how much of the original concept is part of your new design? I'm sure if that was a 'designer' spec, they got paid before they handed the drawing off to get pricing on. Are you going to run into any issue bidding on someone else's work?

On a chance that this will be bid on by other vendors, you could use the example statement you have, and that might cover you for the amount of time you put into the design. But is the design worth more? How much? How will you handle it if they do shop it around?

I think it's better to make sure the client signs off on your copyright statement or when they open the document they are acknowledging that you have copyright of that design and the price of the design fee (whether its a single location, or more for franchise usage) if they choose to take the design somewhere else. Then as an added bonus, you will deduct a portion or all the design at the signature of the construction/installation contract.

Adding a statement with no prior discussion on copyright is not totally covering your butt and may cause problems if they want to take it out to bid... be upfront.

 

[TrustMoore_TN]

Part of the problem is....
....Adding a statement with no prior discussion on copyright is not totally covering your butt and may cause problems if they want to take it out to bid... be upfront.

Rick- Thanks for your insights. This is another example of giving away one of the most time consuming aspects of this industry... design. Luckily with the lessons we've learned during this process will pay dividends because we now know are much better positioned to go after these types of accounts. Thanks again.

 

[Rick]

I know a lot of people will say, 'GET PAID FOR DESIGN'... and I am one of them, but the fact is, many shops do spec work. To them it's worth the risk.

I have clients that I freelance for, that pay me for work, they give away... (I still own the design on some clients) some are hundreds of hours in the making. They are finally trying out some of the ideas I proposed to you. One thing I noticed on the guys who are semi-successful at spec design work... they do not lose any sleep if the design gets shopped around. To them, 'It's the price of doing business'.

I say if you do spec work, cover your butt so you have the option of going after these clients with a fixed cost of design agreed upon if they want to shop it, or start charging for design.

 

[G-Artist]

While it is true that from the moment you place an idea or concept into a tangible format or medium you have copyright protection in most of the world. It is always best to add the copyright symbol somewhere in the immediate viewing area plus he contact info. Not everyone is schooled in IP law and it just serves as a notice to avoid embarrassment by the end user. Plus if it is used and NOT paid for at the agreed rate then you may be in for treble damages as the piracy could easily be deemed 'willful.'

If the client asks what the copyright line is all about you simply state that you own the design and it is theirs to use if you get the job. If they like the design and you don't get the job then you would be happy to negotiate a fair and reasonable rate for the design but in no instance can it be used w/o you getting just compensation first.

 

[cptcorn]

While it is true that from the moment you place an idea or concept into a tangible format or medium you have copyright protection in most of the world. It is always best to add the copyright symbol somewhere in the immediate viewing area plus he contact info. Not everyone is schooled in IP law and it just serves as a notice to avoid embarrassment by the end user. Plus if it is used and NOT paid for at the agreed rate then you may be in for treble damages as the piracy could easily be deemed 'willful.'

This is wrong information. If you don't put it on there, nothing changes. You still own the copyright to it. As bob pointed out, the only actual benefit is registering the copyright with the government. Then you have more options available to you in order to get compensation if theft occurs.

 

[bob]

...Not everyone is schooled in IP law and it just serves as a notice to avoid embarrassment by the end user. Plus if it is used and NOT paid for at the agreed rate then you may be in for treble damages as the piracy could easily be deemed 'willful.'...

Twaddle. Actual registration with the appropriate agency is the only thing allows to you score anything more than actual damages.

Moreover, merely because someone is unfamiliar with law pertinent to their situation does not make it any less the law. Why would I possibly care if someone, other than myself, should be embarrassed by anything, especially their own ignorance? Why would I alter my behavior to accommodate their ignorance? In fact, that sort of situation would seem to slip neatly into one of my favorite headings: Schadenfreude.

 

[Wes Phifer]

If you notify the customer it is less likely to happen. The whole point is to keep this from happening. So I would always put a line on there what you expect to happen even if it is just to educate the customer on copyright law.

 

[Rick]

I agree with Bob... the reason I mention putting a price on that design prior to sending it out is that you are putting a number on the design, so if the job does get pinched, you have some paperwork stating that there was an 'agreed' amount attached to the design than just getting reimbursed some random number by the court.

 

[J Hill Designs]

Heres what we use:

THIS IS AN ORIGINAL UNPUBLISHED DRAWING, SUBMITTED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT BEING PLANNED FOR YOU BY [US]. IT IS AGREED THAT THIS DESIGN IS THE PROPERTY OF [US]. THIS DRAWING OR ANY PORTION
OF THIS DRAWING IS NOT TO BE REPRODUCED OR SHOWN FOR ANY OTHER PURPOSE OTHER THAN THE PROJECT BEING PLANNED BY [US].

 

[G-Artist]

Wes has it correct.

The whole idea in my post was to AVOID conflict whenever and where ever possible. That is just good business sense.

As to registration. In the past one had to register the work(s) with the Copyright Office prior to initiating a suit. It is a very recent change in the law that eliminates that requirement somewhat. But to not register severely limits your damage claim.

Folks, this isn't like going to small claims court. It is done at the federal court level which gets very expensive and that is why lots of folks rip off sign companies, print shops, graphic designers and the like as they know the true costs and they count on most folks (victims) not having the resources as well as the time to take that gamble (courts are always a crap-shoot even with the best of cases).

 

[bob]

Wes has it correct.

The whole idea in my post was to AVOID conflict whenever and where ever possible. That is just good business sense.

As to registration. In the past one had to register the work(s) with the Copyright Office prior to initiating a suit. It is a very recent change in the law that eliminates that requirement somewhat. But to not register severely limits your damage claim.

Folks, this isn't like going to small claims court. It is done at the federal court level which gets very expensive and that is why lots of folks rip off sign companies, print shops, graphic designers and the like as they know the true costs and they count on most folks (victims) not having the resources as well as the time to take that gamble (courts are always a crap-shoot even with the best of cases).

Wrong. The occasion that I invoked the Berne convention it was in small claims court and I prevailed on that basis alone. No other argument was required.

Moreover 21 years might be very recent in geologic time but not as humans reckon time. As far as relying on the implicit copyright severely limiting your damages, you have that just backwards. You're entitled to actual damages without any sort of registration. Registration merely opens up the possibility fantasy damages as well.

 

[cptcorn]

Folks, this isn't like going to small claims court. It is done at the federal court level which gets very expensive and that is why lots of folks rip off sign companies, print shops, graphic designers and the like as they know the true costs and they count on most folks (victims) not having the resources as well as the time to take that gamble (courts are always a crap-shoot even with the best of cases).

Wrong on every level. I hope a lawyer is not giving you this advice.