By Rabbi Meir Orlian | |||
#231 |
Lech Lecha |
27.10.2014 |
N/A |
Q: If a person produced a book or music disc that does not bear the copyright symbol ©, does he still retain copyright rights? What if the author didn’t even write, “All rights reserved?”
A: If the author writes, “All right reserved,” or similar language, he retains full rights, even if he neglected to include the international copyright symbol ©. (For music discs, sometimes the symbol ℗ phonorecord — is used instead.) This is also the dina d’malchusa nowadays in most countries, including the U.S. and Israel; the author retains full copyright rights even without the symbol. (Before 1989, though, the symbol was required in the U.S.) The primary significance of the symbol nowadays is to negate any claim of “innocent infringement.”
Furthermore, even if the law required the symbol, the author’s rights according to Torah law would still apply.
If the author did not even write “All rights reserved,” it is questionable whether this indicates intentional relinquishing of his rights or was an oversight. In this case, one should contact the author, since most often he has no intention of relinquishing his rights (Emek Hamishpat, Zechuyos Yotzrim, intro. 3:49-50; ch. 38:83).