Copyright notices & Online Platform

質問

Why do so many websites have copyright notices and "©" and/or "all rights reserved" included somewhere? What kind of protection does that give you and what happens if those signs are missing? I'm asking because I want to make sure our online platform is protected from pirating and at the same time that other websites can't claim that we copied anything from them. Thank you!

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回答: 2 public & 0 非公開

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弁理士

In the United States, copyright protection immediately attaches to an original work of authorship fixed in a tangible medium of expression. The "look and feel" of a website may qualify for copyright protection and, as such, website operators routinely put copyright notices (i.e., the ©) to put visitors on notice of the fact that the website operator is claiming whatever copyright interests exist in the website. The additional pragmatic protection having a copyright notice on the website could theoretically provide is that it make facilitate establishing willfulness to a claim of infringement (and negating a defense of "innocent infringement.") As such, providing such notices is generally advisable.

A copyright notice does not preclude pirating and there is a small number of would-be pirates who, while initially intending to infringe your copyright interests, would refrain from doing so after seeing the notice for the reasons stated above. Further, merely placing a copyright notice, or claiming copyright protection to some content, does not prevent another's infringement claims; it is the role of the courts to decide whether a subsequent use is infringing or not.

Copyright and related web transactional matters (e.g., a terms of service, privacy policy) are to be carefully considered. You should consult an IP attorney in private to review your web and IP strategy.

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