What are the requirements for “notices of copyright” in advertising?

In Delaware, advertising must include certain “notices of copyright” in order to be legal. A notice of copyright provides the public with information about the author of a work, the date of its creation, and the owner of the rights to said work. To satisfy legal requirements, copyright notices must include three basic pieces of information: 1) the copyright symbol, “©”; 2) the date of publication; and 3) the name of the copyright owner. The copyright symbol, “©”, must be followed by either the date the work was first published or the year it was created. Finally, the notice must list the name of the copyright holder. The notice should also be placed in an appropriate area of the advertisement, usually at the bottom or in the footer. A copyright notice may be omitted from a single instance of advertising, such as a single billboard, but it should be included so viewers of the advertisement know who is responsible for it. In the United States, it is also important to register the advertisement’s artwork with the US Copyright Office. This further ensures the copyright owner’s rights to the content. By registering the artwork, the copyright owner can file suit against anyone who infringes on the work. Advertising law in Delaware is complex and ever-changing. It is important to consult with an experienced attorney if you have any questions regarding copyright notices in advertisements. Although there are certain legal requirements for notices of copyright in advertisements, they can be simple to fulfill if you know what is necessary.

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