Copyright disclaimer

What is a copyright disclaimer?

“Copyright disclaimer” is used for two different things, and it helps to keep them apart:

• A copyright notice says who owns a work: “© 2026 Acme Inc. All rights reserved.” It appears on websites, documents, software and products.
• A fair use disclaimer says that someone else’s material is being used without permission, and claims that the use is allowed: “Copyright Disclaimer under Section 107 of the Copyright Act 1976, allowance is made for fair use…”. It is common under videos and on blogs.

A third kind appears in contracts: clauses that require one party to keep, or add, the other party’s copyright notices on software, documents and products. The sample clauses above are all of this kind.

What a copyright notice must contain

Under US law (17 U.S.C. § 401), a copyright notice on visible copies has three parts:

1. The symbol ©, or the word “Copyright” or the abbreviation “Copr.”
2. The year of first publication.
3. The name of the owner, or a recognizable abbreviation of it.

Example: “© 2026 Acme Inc.” Adding “All rights reserved” is common but not required. For websites that are updated over time, a range such as “© 2019-2026 Acme Inc.” is often used.

Do you need a copyright notice?

In the US, not for protection. Since March 1, 1989, a copyright notice has been optional for published works; copyright exists from the moment a work is created and fixed. The same is true in the many countries that follow the Berne Convention.

It is still worth using, because:

• It tells people who to ask for permission.
• It undercuts an “innocent infringement” defense. In the US, if a proper notice appeared on the copies the infringer had access to, the infringer generally cannot argue it did not know the work was protected to reduce damages (17 U.S.C. § 401(d)).
• It is often a contract requirement, as the license and distribution clauses above show.

Does a fair use disclaimer protect you?

No. Writing “no copyright infringement intended” or quoting Section 107 does not make a use fair. Under US law, fair use depends on four factors that a court weighs together:

A disclaimer can show good faith and tell viewers you are not claiming the material as your own. It cannot turn copying into fair use. For business content, getting a license or using material you own is the safer route.

Copyright notice examples

Website footer

© 2026 Acme Inc. All rights reserved.

Document, report or presentation

© 2026 Acme Inc. This document is confidential and may not be copied or distributed without Acme Inc.’s prior written permission.

Software or documentation

Copyright © 2026 Acme Inc. All rights reserved. This software is licensed, not sold, under the terms of the license agreement.

Third-party material used with permission

Image © Jane Doe, used with permission.

Fair use statement (for commentary content)

This video contains short excerpts of copyrighted material used for commentary and criticism. All rights in that material remain with their owners.

Copyright notice clauses in contracts

Contracts deal with copyright notices in a few standard ways:

• Do not remove notices. Licensees, distributors and resellers must not remove, alter or obscure the licensor’s copyright and other proprietary notices.
• Reproduce them on copies. Any permitted copy, such as a backup, must carry the same notices.
• Add notices to licensed products. Brand and content licensees must place the licensor’s copyright and trademark notices on products, packaging and marketing.
• Display attribution. Content and data licenses often require credit lines next to the material.
• Work made for hire. Commissioned work must carry the client’s copyright notice, as the client owns it. See work made for hire.

Copyright notice clause example

The same notice on every document

A copyright or confidentiality line only helps if it is on every page, including the ones someone forwards on their own. With headers and footers in fynk, you add your legal text once to a template and it appears on every page of every document created from it, so nobody has to remember to paste it in.

Which contracts include copyright notice requirements?

Software and data license agreements, distribution and reseller agreements, brand and merchandising licenses, content and publishing agreements, and NDAs. These free templates include one:

Related clauses

• Disclaimer A disclaimer clause is a legal statement included in contracts to limit or waive liability for certain actions or outcomes, protecting the party issuing it from potential claims or losses. Learn what a disclaimer clause is, how it limits liability, and explore practical disclaimer examples used in contracts and services.
• Intellectual property The intellectual property clause in a contract defines the ownership rights and usage conditions for any creations, inventions, or proprietary information that are developed, exchanged, or used during the course of the agreement. It typically outlines whether the intellectual property rights are retained by the creator, transferred to another party, or shared among parties, detailing any limitations and obligations associated with these rights.
• Work made for hire A "Work Made for Hire" clause stipulates that any work created by an employee within the scope of their employment, or certain commissioned works falling under specific categories, is automatically owned by the employer or commissioning party from the moment of creation. This ensures that the entity paying for the work retains all intellectual property rights, rather than the individual creator.
• Waiver of moral rights A waiver of moral rights clause is an agreement where the creator of a work relinquishes their right to claim authorship and object to any derogatory treatments or modifications of their work. This clause allows the rights holder more flexibility in altering, using, or commercializing the work without the need for the creator's consent or potential claims of harm to the creator's reputation.
• Intellectual property ownership The intellectual property ownership clause outlines the rights and responsibilities regarding the ownership and control of intellectual property (IP) created or used within the scope of a contract. Typically, it specifies whether the IP rights are retained by the creator, transferred to another party, or shared between parties involved, thereby preventing potential disputes over IP rights.

Frequently asked questions

• How do I write a copyright disclaimer?

  For your own work, use a copyright notice: © symbol, year of first publication and owner name, for example “© 2026 Acme Inc. All rights reserved.” For someone else's work, get permission and credit it; a fair use statement alone does not make the use lawful.

• Does “Copyright Disclaimer under Section 107” protect me?

  No. Section 107 sets out the four fair use factors a court weighs. Quoting it does not make a use fair, and it will not stop a copyright claim on its own.

• Is a copyright notice required?

  Not in the US for works published since March 1, 1989, or in most other countries. It is still useful because it identifies the owner and limits an infringer's “innocent infringement” argument.

• What is the difference between a copyright notice and a disclaimer?

  A copyright notice states who owns a work. A disclaimer limits responsibility or explains how material is used. A “copyright disclaimer” usually means one of the two, or both together.

• Should the year in a copyright notice be updated every year?

  The law asks for the year of first publication. For websites and documents that change over time, many owners show a range from the first year to the latest revision.