The Myth of Copyrighting the Copyright Symbol

Introduction to the Copyright Symbol and its Use

The copyright symbol, represented by the letter 'C' in a circle (?), is a widely recognized emblem that signals the ownership of a creative work and its protection under copyright law. Interestingly, while this symbol is ubiquitous, it is not itself a subject for copyright. This article delves into why the copyright symbol is not eligible for copyright protection and explores related concepts, including trademarks and the copyrightability of creative works.

Why the Copyright Symbol Itself Is Not Copyrighted

The Copyright Commission created the copyright symbol in 1906, and its design is simple and standard, allowing for universal recognition. To copyright the symbol itself would render it unusable, defeating the purpose of its creation. Moreover, the legal doctrine of “merger” in copyright law states that if a work is inseparably bound to a design, it cannot be copyrighted. Given that the copyright symbol is deeply intertwined with the concept of copyright itself, it cannot be protected as a unique creative work.

Requirements for a Valid Copyright Notice

To properly inform the public of copyright protection, a work must be accompanied by a valid copyright notice. This notice should include:

The word “copyright” or the ? symbol, A “c” in a circle, The date of first publication, The name of the copyright owner.

This notice is crucial for legal protection and can deter unauthorized use of the work. Failure to include a valid notice can affect the enforceability of the copyright in certain jurisdictions.

Legality of Copyrighting Familiar Symbols and Designs

Copyright law explicitly excludes certain categories of works from copyright protection. Familiar symbols and designs, such as the copyright symbol, are explicitly not eligible for copyright. According to U.S. Copyright Office guidelines, the following cannot be copyrighted:

Familiar symbols or designs, Mere variations of typographic ornamentation, lettering, or coloring, Stencils, layouts, or mechanical designs.

These exceptions are made to ensure that these symbols remain accessible for general use and do not hinder the dissemination of creative works.

Trademark Considerations and Protection of Logos

While the copyright symbol itself cannot be copyrighted, this does not necessarily mean that all symbols and logos are free from legal protection. Trademark law protects brand identifiers and logos from unauthorized use, even if they are not covered by copyright. Trademarks provide exclusive rights to the owner to use a specific symbol or design in commerce. However, if a logo is also a creative work, it can be copyrighted as well.

For example, when a company hires an external design firm to create a logo, it is crucial to ensure that the copyright is transferred to the hiring company. This is often accomplished through a copyright assignment agreement, which specifies that the design firm grants all copyright rights to the client.

Conclusion and Further Reading

Understanding the legal distinctions between copyright and trademark protection is essential for anyone involved in creating, publishing, or protecting creative works. The copyright symbol, despite its widespread use and recognition, is a prime example of a work that cannot be copyrighted. Familiar symbols like the copyright symbol are meant to be universally accessible and must not be subject to exclusive rights. This article has explored the legality of copyrighting the copyright symbol and related concepts, emphasizing the importance of proper protection for creative works using both copyright and trademark laws.

References:

U.S. Copyright Office, Circular 40: Guidelines for U.S. Government Works