What is a ‘backdating’ of copyright?

Backdating of copyright is a term used in art law to describe the practice of making a copyright date appear to be older than it is in reality. This technique is most commonly used if an artist wants to make a claim for prior copyright of their work. To demonstrate a prior date, this technique involves the artist adding a previous date (frequently the date of first creation or publication) to their works to make it appear that copyright protection was in place before it actually was. For example, if an artist creates a piece of work in 2019 and decides to backdate the copyright to 2018, this would indicate to others that the artist had copyright protection in place before anyone else could make a claim to it. It can also be used in other works in order to create a greater degree of protection. In Mississippi, backdating is legal, however, it must be done carefully in order to ensure that it is accurate and legal. In the event of a dispute, the original date of copyright should be used and proof may be required to prove that the date of copyright is accurate.

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