Overview of Copyright Disclaimer

Copyright Disclaimer is a statement that protects the original content against the user theft and set out both as a warning and a way to reduce risks, a Copyright disclaimer protects a person from liability. Anyone who reads the copyright disclaimer should acknowledge the risk involved in using the respective person’s website and should act upon the information in it. It clarifies the obligations to the readers.

Copyright disclaimer is used when a person uses lines from a published work, pictures from a TV show or movie, artwork, or any creation that is not his own. A Copyright disclaimer, the author states that the person reading does not own the copyright, but he is using the copyrighted materials under the fair use clause of Copyright Disclaimer. It allows small illustrations of use for certain purposes. It is placed on such things as books, poems, music, software, designs, art, and many other mediums of expression.

What is Copyright Disclaimer under Section 107 of the Copyright Act 1976?

According to section 107 of the Copyright Act 1976, a Copyright Disclaimer states that interest is generated for “fair use” of ideas such as review, comment, news reporting, teaching, scholarship, learning, and research.

Note-Fair use is a process that is authorized by copyright enactment or it will be violated.

When a writer or author designs or produces work of his/her own, he would undoubtedly need to confirm the right to copy and sell his/her work. A person who has devoted so much time, money, and energy to turn up a unique output and if someone takes that output, it misses the point of original ownership, and of probably earning a living.

What are the key aspects of Copyright Disclaimer?

The key aspects of the Copyright Disclaimer are-

• Nearly all of the content preserved under a ‘Copyright Disclaimer’, including downloadable files, is protected by Copyright.
• Content secured under a ‘Copyright Disclaimer’ is supervised by a Copyright Agency. The content in which copyright is managed by others holds images represented under license and downloadable reports.
• Through Copyright Disclaimer, you may not duplicate or transfer any of the content protected under a ‘Copyright Disclaimer’, including uploaded files without the approval of the copyright owner, except as allowed by the copyright law applicable to you.
• The Copyright Agency permits its members and licensees to copy and liaise content for which the Copyright Agency owns the copyright for their use.

What are the Purposes of Copyright Disclaimer?

A Copyright Disclaimer is implicit that a person’s creative work is an asset no matter what others may think, so it should be managed as such. The work can justify a lot in the future and can even be used as publicity material. The right to the lawful command of your work must be conserved in the mind that you can make money out of it. It can also serve as a legacy you pass on, as copyright can last for more than 70 years. A Copyright disclaimer helps in avoiding a situation where a violator takes your work but then affirms that he or she was unaware that it was protected.

The purposes of Copyright Disclaimer are-

What are the Statutory Factors of Fair Use Copyright Disclaimer?

Four Statutory factors that guide fair use Copyright Disclaimer are-

• Purpose And Character-

  The first factor is to identify the purpose and character of the use, i.e. to identify whether the use is commercial or for nonprofit educational purposes.

• Nature Of Work-

  The nature of the copyrighted work

• Sustainability-

  The proportion and sustainability of the used portion compared to the copyrighted work itself as a whole.

• Impact On Potential Market-

  The impact of the Copyrighted work on the potential market.

What are the advantages associated with Copyright Disclaimer?

Copyright Disclaimer is a legal authorization that permits them to use some of the copyrighted works. It develops the legal assurance of your work and can be utilized as evidence when other parties do not satisfy their end of the contract. The main advantages of Copyright Disclaimer are-

• Legal Protection of Ownership-

  Copyright Disclaimer helps in avoiding an expensive dispute over the original owner if someone steals your creative work. Copyright Disclaimer implicit that the work is registered under the Copyright Act, 1976, and will give proof of your ownership and release you of any legal trouble.

• Preventive Measures-

  Copyright Disclaimer helps in preventing others from making unwarranted use of the author’s work. If you come upon that someone is copying the author’s work, he/she can send a `cease’ notice. So, a person does not have to bother about legal proceedings at a later stage. This saves a lot of time and money.

• Viability-

  Copyright Disclaimer helps in illustrating the validity of your copyright if it is registered within five years of publication. This increases the viability and can carry future challenges to your rights over creative work.

• Potential to conduct an Infringement Suit-

  Possibly, the Potential to conduct an Infringement Suit is the most important benefit. Even though a copyright holder has rights in a work, those rights, with confined allowances, cannot be forced through the courts unless the work is registered in India. Without Copyright registration and disclaimer, a copyright owner cannot make a lawsuit for copyright contravention.

• Public Display of your Ownership and work-

  Through Copyright registration and Disclaimer an author’s work will be declared in the Copyright Office’s Catalog and will be accessible to people. Anybody finding your work will be able to look into this catalog and see that your work is saved. This gives constructive notice to the public that you are the author of this work, and assists loss claims of “innocent infringement.”

• Reputation-

  Another benefit of Copyright Disclaimer is that it gives the copyright holder the reputation that certain work belongs to him.

What are the types of Disclaimer used in the Copyright?

The types of Disclaimer used in the Copyright are-

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

Requirements of Copyright Disclaimer

• Fixation

  There must be a creative approach locked in for a creative work for a continuous state. For protecting a song, for example, it must be registered on a tape, notated on any paper or registered onto a CD. A live representation of the song will not be protected.

• Expression

  Expression goes together with the requirement of fixation. The "expression" of any concept will be permitted for copyright. While, the ideas cannot be copyrighted.

• Originality

  It is compulsory for the Artistic work to meet a basic level of creativity to be examined as the author’s product. The examples of others work will not be copyrighted, and neither can short phrases, facts, titles, etc. For example, the addressees and the titles in a contact book cannot be copyrighted nevertheless the photo on the front cover can be copyrighted.

Use of Copyright Disclaimer and how it works

A copyright disclaimer is used when the subject matter on your website or application is solely managed and copyrighted by the author/writer. Also, Copyright disclaimers are pre-prepared and involve the following elements:

• Author’s/Writer’s or business name
• Year in which you produced the content
• Copyright symbol
• Right Reservation

How does Copyright Disclaimer Works?

Copyright Disclaimer is a statement that a writer/author adds to the bottom of the website’s homepage with the name of the author’s blog or company along with the copyright logo. The Copyright disclaimer then handover blanket copyright over all content that performs on the author’s site. When the author/writer allocates a copyright disclaimer on his/her work, the respective author is presenting himself/herself with 5 rights to their work that only the author can give. Only the author has the right to:

• Create or make copies
• Create new categories
• Perform or place the work in public
• Display it
• Distribute or publish it

These above-mentioned rights mean that anyone who adopts, modifies, or distributes the work as their own, whether you have published it or not has violated the author’s copyright disclaimer. A copyright disclaimer can be used in one or more of the following places.

What steps are involved in the Copyright Disclaimer Statement?

• Protection Of Work By Copyright Registration-

  The Copyright Registration protects the owner of the work and he/she is required to place a constructive notice on all publicly distributed “visually distinguishable” copies.

• Recognizing The Year Of Publication-

  For Copyright Disclaimer, it is important to recognize the year of publication, i.e. when the author has issued his/her works by sale or by leasing.

• Declaration Of The Author’s Name Or The Name Of The Copyright Holder-

  Under Copyright Disclaimer, it is necessary to give the name of the copyright owner. The author uses the existing name or any other name that the author/writer has the legal power to use.

• Create A Suitable Symbol-

  The author can choose a suitable symbol for copyright work. The author/writer can also utilize the word “Copyright” or the abstract “Corp.” to make it distinguishable that your work is guarded by copyright.

• Positioning The Copyright Notice On The Website-

  On a website, the copyright notice is usually located in the areas like the footer, at the bottom of a written piece of music, or in some pages of a book.

• Enclosing A Rights Statement-

  The disclaimer statement shows the public what rights you are sustaining for yourself.

How Arvisa helps its clients in Copyright Disclaimer?

Arvisa helps its client in Copyright Disclaimer by providing services like Copyright registration and various Copyright related services. Arvisa helps in-

• Consultation with the Copyright professionals,
• Proper analysis of Copyright work,
• Preparation of Copyright Application,
• Documentation,
• Filing of Copyright Application and follow up with the authority,
• Preparation of Disclaimer statement,
• Helps in Proper execution of Copyright Disclaimer

Why Arvisa?

We at Arvisa have trained professionals to help you throughout the Copyright Registration procedure. Our Experts will guide and assist you with the whole process of filing the applications for copyright and related services and also ensures the timely and effective completion of your work. Any person having queries about what category his/her work might fall under the copyright Act or having trouble in applying copyright within the correct category; feel free to contact our experienced and trained professionals at Arvisa.

Frequently Asked Questions