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Protect your work and avoid infringement
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By Janet Singletary Thomas, W. Michael Walker
(Although this article attempts to provide a brief introduction to copyright law for sign manufacturers and designers, specific rights and requirements vary according to individual circumstances. Therefore, legal counsel should be consulted in these matters.)
Copyright law in the US has its roots in the Constitution itself, which specifically grants Congress the power "to promote the Progress of Science and useful Arts" by protecting the exclusive rights of "Authors and Inventors" to their "Writings and Discoveries."
In the Constitution, "writings" has been interpreted broadly by courts to mean the tangible expression of an idea. Therefore, a copyright may extend to the technical drawings, sketches or other renderings commonly used in the design and manufacture of signage.
The owner of a copyright has the exclusive right to:
Reproduce
Display
Prepare derivative works of, or
Distribute copies of
the protected work. Although basic copyright protection arises automatically upon a work's creation in tangible form, an owner can take several steps to strengthen the ability to later enforce those rights. Therefore, if your business would benefit from being able to prohibit the unauthorized reproduction, display, etc. of its technical drawings and renderings, consider taking the protective actions that follow.
First, a copyright notice should be prominently displayed on the work in a manner that will provide reasonable notice of a copyright claim. The notice should contain the following:
Either the copyright symbol ©, the word "Copyright" or the abbreviation "Copr,"
The year of first publication,and
The name of the owner.
Although such a notice is no longer necessary under US law to establish a copyright, it will serve to defeat an "innocent infringer" defense, which, if successful, would severely limit the relief available to an aggrieved copyright owner.
Secondly, copyright owners should maximize their protection by registering their work. This not only establishes a public record of the copyright, it's a prerequisite to bringing an infringement action. Registration can be pursued at any time, but the sooner it's done, the greater its advantages.
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