All About The Copyright Disclaimer Under Section 107

The owner of an original work created by him/her can copyright such work with the copyright office. Copyright is an official way to safeguard the original creative work of a person. The owner of a copyright gets exclusive ownership to use the copyrighted work. A copyright disclaimer is a declaration by the copyright owner to establish ownership over the original content. 

Any person reproducing/using a copyrighted work can also give a copyright disclaimer that reproduction of such work is protected under Section 107 of the United States Copyright Act, 1976. It also includes the details of the source (copyright work) of the content used in reproduction.

Copyright Disclaimer Under Section 107

A copyright disclaimer under Section 107 of the United States Copyright Act, 1976 (Copyright Act) states that a person can use a copyrighted work without the copyright owner’s permission under specific conditions. Such unauthorised use of copyrighted material is permitted under the Copyright Act when its usage falls in the ‘fair use’ category, which would otherwise result in copyright infringement.

A copyright disclaimer is used when someone uses a copyrighted artwork, images from a TV show or movie, lines from a book or any original work in his/her own work. A fair use of copyright disclaimer states that he/she does not own the copyright but is using the copyrighted material under the fair use clause. 

The copyright disclaimer under Section 107 of the Copyright Act allows the fair use of copyrighted material for the following purposes:

• Education and research 
• Scholarship
• Criticism
• News reporting
• Comment
• Teaching

A copyright disclaimer provides legal and non-licensed citations of copyrighted material in another author’s work. The following factors should be considered while determining if a copyrighted disclaimer comes under the fair use clause:

• The character and purpose of the use, including if it is used for commercial or non-profit educational purposes
• The nature of the copyrighted work
• The ratio between the amount and substantiality of the work used with the entire copyrighted work
• The effect of the reproduction of work on the potential market or the value of the copyrighted work

The purpose of adding a copyright disclaimer to a reproduction work is to show viewers or readers that the reproduction does not infringe on the original copyright work. It is usually put in blogs, websites, downloadable files, videos, etc.

Features of Copyright Disclaimer

The following are the features of a copyright disclaimer:

• It provides the source of the reproduced work to the readers or viewers 
• It protects the legal right of the copyrighted work
• It helps to specify the scope of obligation and rights enforceable in a legally recognised relationship
• It protects the particular views/creativity expressed by the original author
• It helps to take proactive measures to ensure the legal rights to Intellectual Property Rights (IPR)

Types of Copyright Disclaimers

Below are the types of copyright disclaimers: 

• Warranty copyright disclaimer
• Investment copyright disclaimer
• Confidentiality copyright disclaimer
• No-responsibility copyright disclaimer
• Views-expressed copyright disclaimer
• Fair use copyright disclaimer

Process of Adding Copyright Disclaimer 

Below are the processes involved in adding a copyright disclaimer statement to a reproduced work:

Mention the publication year

The copyright disclaimer statement must mention the year of the publication. The year of issuance of work by the author through sale or lease should be clearly mentioned.

Mention the name of the copyright author

The copyright disclaimer should mention the name of the copyright holder and the exact description of the author’s work that is used in the reproduction.

Use copyright symbol

In the copyright disclaimer, the copyright symbol © should be incorporated. The word ‘copyright’ can also be used to show that a part of the reproduced work is copyrighted.

Attach copyright disclaimer in a visible place

The copyright notice should be placed or attached in a visible place in the segment of the reproduced work. A copyright notice is usually located in the footer of a website, bottom of a written piece of music or on a few pages of a book.

Include the rights statement

The copyright disclaimer statement should contain the right statement (fair use clause) to show what rights a copyright owner is holding. A fair use clause informs the readers or viewers of the reproduced work that though a copyrighted material is used for fair use, anybody who wants to use the material for any purpose other than the one mentioned under Section 107 must obtain the permission of the copyright owner.

Copyright Disclaimer India 

The concept of ‘fair use’ of copyright originated in the United States under the Copyright Act. However, a similar principle exists in other common law jurisdictions. In India, the concept of fair use of a copyright is provided under Section 52 of the Copyright Act, 1957. It provides that a person can use/reproduce the copyrighted work by adding a copyright disclaimer. The copyrighted work, when reproduced for fair use for the below purposes, does not amount to infringement:

• Private or personal use
• Research
• Criticism
• Review
• Reporting of current events and affairs

The copyright disclaimer can be used to reproduce a copyrighted work in a legal manner. If a person does not add a copyright disclaimer for using a copyrighted work, it will amount to infringement. The copyright disclaimer also protects the creative pieces of writers and artists by allowing their work to be used under a fair use clause.