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The sense and nonsense of the copyright notice on photos and websites

The copyright notice — the © symbol — has no legal necessity in the Netherlands: copyright arises automatically upon the creation of a work, without any indication. Nevertheless, the symbol can be useful as a signal and deterrent. The...

Published on February 3, 2022 by MKBjuristen.nl
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The copyright notice — the © symbol — has no legal necessity in the Netherlands: copyright arises automatically upon the creation of a work, without any indication. Nevertheless, the symbol can be useful as a signal and deterrent. It does no harm to use it, but it adds little legal value.

Copyright arises automatically

In the Netherlands and most countries, copyright arises automatically as soon as you create a work with its own original character — a photo, text, design, or website. You do not need to register it or add a © symbol. Therefore, the absence of a copyright notice does not mean that copyright does not exist.

So what does the copyright notice actually do?

The symbol, often accompanied by a year and the name of the rights holder, indicates that copyright exists and identifies the rights holder. This primarily serves a signaling and deterrent function: it shows that you take your rights seriously and makes it more difficult for an infringer to claim ignorance.

The sentence: proof and clarity

A clear attribution of the creator and year can help demonstrate who the rights holder is and since when. It does not prove copyright in itself, but contributes to clarity and can come in handy in a dispute.

The nonsense: it is not a condition

Anyone who thinks that free use is permitted without the © symbol is mistaken. Conversely, placing a © does not give you more rights than you already have. Feel free to use it, but do not rely on it: protection and enforcement are independent of the symbol.

Frequently Asked Questions

Do I need to place a © symbol to have copyright?

No. Copyright arises automatically upon the creation of the work, even without a copyright notice.

Does the © symbol serve a purpose, then?

Yes, as a signal and deterrent, and to make the rights holder and the year known. Legally, it adds little, but it can do no harm.

May I freely use work without ©?

No. It is protected by copyright even without attribution. Ask for permission or arrange a license.

Protect your copyright?

Our legal experts advise on copyright and take action against infringement. View our copyrightor IP lawteam, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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