A Comprehensive Guide To Copyright Disclaimers Under Section 107

Intellectual property (IP) is a creation of the human mind. Ex:-Inventions, musical compositions, literary works, etc. It's an immaterial attribute. For that reason, it is referred to as property since it may be bought, sold, mortgaged, and so on. All rights regarding his intangible property belong to the IP owner. Intellectual property can only be used with the owner's permission.

Put simply, intellectual property grants rights to non-physical intangible property that originates from concepts, abilities, and aptitude. IPR is designed to stop infringement and safeguard their rights. Its goal is to inspire other writers, painters, and artists to show off their unique talents without worrying about being imitated by others. An individual's intellectual property rights are those that he or she has in relation to their IP. Intellectual property law is the body of legislation that safeguards intellectual property rights. It is essential in that it gives everyone access to information, experience, and skills that benefit everyone in turn.

The term "copyright" refers to the legal protection granted to authors and artists for their creative works. It consists of creative works like paintings, drawings, and photos, as well as literary works like plays, novels, and poetry, and reference materials like databases, newspapers, and movies. Copyright refers to the ownership of intellectual property, meaning that the owner is the only one who can decide who can duplicate anything and who is the exclusive owner of it. To summarise, copyright allows you to duplicate works that are protected by copyright.

To put it simply, copyright is essentially the freedom to reproduce. Reproducing the original work is permitted, but only with the author's consent.

Understanding What Is Fair Use?

U.S. copyright law, specifically Section 107 of the Copyright Act of 1976, forms the idea of "fair use" originated. In some circumstances, it permits the use of copyrighted content without the owner's consent. When someone uses copyrighted material and states that they think their usage qualifies as fair use, it's sometimes referred to as a "Fair Use Copyright Disclaimer." Typically, this disclaimer appears at the start of a video that contains copyrighted content or in the description of a YouTube video. It's important to realize, though, that merely putting a fair use statement in place does not shield you from copyright violations. A court will decide whether to apply the legal notion of fair use on an individual basis.

Criteria For Determining Fair Use:

Section 107 of the Copyright Act 1976 outlines four elements that must be taken into account when deciding whether the use of copyrighted information meets fair use

• The nature and intent of the use cover both nonprofit and commercial educational use.

• The copyrighted work's nature.

• The portion's overall volume and significance in relation to the copyrighted work overall.

• The effect of the use on the copyrighted work's potential value or market.

When creating a copyright disclaimer, take into account these aspects as well as precisely describe how using the protected content complies with fair use guidelines. A disclaimer should specify that the copyrighted information is being used for non-profit or educational reasons, for example. Should only a small portion of the copyrighted content be used, the disclaimer must specify how much is utilized overall and how important the excerpt is in relation to the totality.

Role Of Section 107 In Copyright Law

A typical legal disclaimer that is commonly displayed on YouTube and other content-sharing services is "Copyright Disclaimer Under Section 107." Content creators utilize it to argue that their use of copyrighted material complies with the fair use guidelines found in the Copyright Act of 1976, Section 107.

This disclaimer states that any use of copyrighted content in the author's work is intended for educational, scholarly, research, news reporting, teaching, or as a transformative work. It demonstrates the author's dedication to appropriate usage and adherence to copyright regulations. However, it does not offer automatic protection; rather, fair use decisions are decided on an individual basis, taking into consideration the elements listed in Section 107. Courts ultimately decide whether a certain use qualifies as fair use.

Legal Requirements of Copyright Disclaimers

Although copyright disclaimers are not legally necessary and your work is still protected by these laws even if you choose not to post one, it will be more difficult to establish your ownership in court if someone ever misuses your contents without one. Furthermore, if you don't post one, others can erroneously think they can use, share, or copy your work while in reality, they might not be able to.

You should put a copyright disclaimer just to be safe since they are quite simple and quick to produce. In order to make it even simpler to suit someone who violates your intellectual property rights, you may also register your copyright. Still, a brief disclaimer is generally sufficient.

Case Studies Illustrating Applications Of Fair Use

Following are the case studies illustrating applications of fair use:

• Writing a Book Review: It's widely accepted practice to review a book and utilize a few excerpts to bolster your interpretation.
• Making a Comic or Satirical Work: Fair use usually protects any work that makes allusions to or parodies a copy-protected work.
• Educational Purpose: Teachers and students may use copyrighted works in the classroom for instructional reasons, subject to certain restrictions.
• Media Reporting: It is commonly accepted as fair use when copyrighted photos or videos are used in news reports, especially when covering current events.

Incorporate a copyright disclaimer if your app or website has any of the following features:

• Branding: A disclaimer reaffirms your ownership of any logos, taglines, or other branding components you may have.
• Original Content: In order to prove copyright ownership and protect intellectual property rights, blogs, articles, photos, videos, and social media postings must all have clear ownership declarations.

People Also Read : Process To Claim Intellectual property rights

• Fair Use Content: Under Section 107 Section 107 of the Copyright Act, using someone else's copyrighted material—as shown in YouTube videos—can be protected by a disclaimer. According to the US copyright law's fair use concept, certain uses of copyrighted content are permitted without the owners' consent. Applications for teaching, research, scholarship, news reporting, criticism, and commentary fall under this category.

Types Of Copyright Disclaimer Under Section 107

Below are the types of copyright disclaimers in infographical form :

Creating A Copyright Disclaimer: Process And Best Practices

To understand the process of creating a copyright disclaimer, first let us dive into the elements of a copyright disclaimer. A copyright disclaimer's exact structure and phrasing may vary, but the following components are crucial:

• Identification of the copyrighted material: The disclaimer should list the name of the copyrighted work, its creator or author, and any other identifying information that can be used to identify the content.
• Reference to the source: The publisher, publication date, or any other source information regarding the original copyrighted contents must be included in the proper credit.
• Use of the copyright term or symbol: This denotes that intellectual property rights are included in the text.
• Fair use statement: In accordance with Section 107 of the Copyright Act of 1976, the disclaimer should say that using the copyrighted work is permitted.
• Use purpose: The copyrighted content's intended use, such as criticism, instruction, news reporting, commentary, research, or scholarly work, must be identified.
• Retraction of ownership: A disclaimer should acknowledge the original copyright owner's intellectual property rights and state that the creator of the new work does not own the copyrighted content.
• By adding these components, you may fully disclaim your copyright under Section 107 of the Copyright Act of 1976, which also respects the intellectual property rights of others and recognizes the fair use concept.

Putting the copyright disclaimer in obvious places is important, like:

• Footer: Put it at the bottom of every page on your website.
• About Page: Include a thorough disclaimer on your "Legal" or "About" page.
• Content Pages: Include a condensed version in blog entries or articles.

Take care when using copyright disclaimers. Copyright disclaimers are necessary, but make sure they are true and compliant with the law. Seek advice from legal experts as necessary.

The Symbol

It is mandatory to use the copyright symbol or signifier in your disclaimer. This symbol, which resembles a C with a circle surrounding it, signifies that your work is protected by copyright. The sign © can easily be substituted with the term copyright or the acronym Copr. While the mark is not necessary for the US, other nations might not recognize your copyright if it is absent. Copyright rules differ across national borders.

Copyrights in Website Footer

Since the footer of your website is where consumers expect to see copyright notices, we advise adding one there since it is the most usual location. We advise utilizing a legible typeface and adding as many elements as you believe are required to prove that your work is your own.

See an example of copyright from the Starbucks website would be © 2023 Starbucks Coffe Company. All Rights Reserved

Copyrights in Mobile Apps

It is recommended that app developers include a copyright notice on the purchase or description pages of any app store where your product is hosted, so customers are aware of it before installing and using your services.

Here's an example of a copyright from the Apple App Store-hosted writing tool Ulysses, like: © 2022 Ulysses GmbH & Co. KG

Copyrights in Email Footers

Include a copyright notice in the footer of every email you send to customers if it contains information on new products, images, videos, or text that you don't want to be copied and duplicated.

Consider the copyright from Apple's iCloud promotional mailings, like Copyright © 2023 Apple Inc. All Rights Reserved.

Copyrights in Downloadable Materials

Include a copyright notice with any document or product you wish to protect that you let consumers download. By doing this, you make sure that everybody who views your works that have been downloaded is aware that they are copyright protected.

Additional Copyright Examples

A few additional copyright examples are as follows:

• Copyright pages are frequently seen at the start or finish of books and ebooks.
• Digital art and photographs frequently feature a watermarked notice or copyright towards the bottom of the piece.
• Copyright notices are frequently included in the credits or descriptions of YouTube videos.

However, it's crucial to remember that not everything may be legally protected by copyright; such examples include things like customs or fashion, material that is widely known, and anything that is regarded as an idea, technique, or system.

Final Words

Anyone working with creative works must comprehend and use copyright disclaimers under Section 107. Although the fair use doctrine permits the use of copyrighted content for a variety of purposes, including research, teaching, news reporting, criticism, and commentary, it is not impenetrable against copyright infringement. Well-written disclaimers may show a dedication to lawful use and assist explain the purpose of using copyrighted content. All cases, however, are distinct and open to judicial interpretation according to the standards described in Section 107. In order to ensure that their work is protected while still respecting the rights of others, artists may better navigate the complexity of copyright law by following best practices when crafting disclaimers and getting legal guidance when necessary. For professional assistance, consider consulting copyright lawyers to ensure your work is legally sound.

References

• https://www.legalserviceindia.com/legal/article-3029-introduction-to-copyright-act.html

• https://www.investopedia.com/terms/c/copyright.asp

• https://vakilsearch.com/blog/everything-there-is-to-know-about-the-copyright-disclaimer-under-section-107/#:~:text=Under%20the%20Copyright%20Disclaimer%20under,reporting%2C%20comment%2C%20and%20teaching.

• https://cleartax.in/s/copyright-disclaimer-section-107

• https://insaaf99.com/blog/copyright-disclaimer-under-section-107/

• https://www.linkedin.com/pulse/copyright-disclaimer-under-section-107-bytescare/

• https://bytescare.com/blog/copyright-disclaimer-under-section-107

• https://www.startupfino.com/blogs/copyright-disclaimer-under-section-107-of-the-act-1976/

• https://legalaidmate.com/copyright-disclaimer-under-section-107/

• https://termly.io/resources/articles/copyright-disclaimer/&

• https://termly.io/resources/articles/copyright-examples/#how-to-write-a-copyright-notice

• https://www.iubenda.com/en/help/64889-copyright-disclaimer

About The Author:

Adv. Amolika Bandiwadekar is a legal professional with over two years of experience specializing in RERA (Real Estate Regulatory Authority) matters. Her expertise lies in navigating complex regulatory frameworks, providing strategic legal counsel, and ensuring compliance with real estate laws. She has collaborated with homebuyers and authorities to resolve intricate issues, promoting transparency and accountability within the sector. With extensive hands-on experience in the RERA Act, she is adept at handling complaint registrations, dispute resolutions, and regulatory processes. Driven by a commitment to fair practices and efficient legal solutions, Amolika aims to contribute meaningfully to the evolving landscape of real estate law.