9W
  • Work
  • Services
  • Process
  • About
  • From My Clients
  • FAQ
  • Contact
FR
9W
  • Work
  • Services
  • Process
  • About
  • From My Clients
  • FAQ
  • Contact
  • Français
← All tips
November 8, 2025

The Correct Copyright Notice on a Photographer's Website

photography

Include It

The presence of the notice prevents the defendant in an infringement lawsuit from claiming they did not realize the work was protected — the so-called “innocent infringement” defense which, if successful, can result in reduced damages for you.

Use The Right Format

I called the Library of Congress’ Copyright Office to double check on the correct format for a photography website. This is what they told me:

  1. The symbol © (a letter C in a circle), the word “Copyright” or the abbreviation “Copr.”
  2. The year of first publication followed by a hyphen and the year of last publication. If your website only includes images published during the same year then a single year of first publication would be enough.
  3. The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.

For example: All images © 2003-2026 David Brabyn

Add it to every page that displays images. For the Harold Feinstein Archive, for example, we include the copyright notice on every gallery page and in the site footer. I also recommend you include it on your About page because, as the legal benefits reflect, the notice actually provides real information to the visitor and the About page is a logical place to give copyright information about the work on the website.

According to the Law the copyright notice should be affixed in such a way as to “give reasonable notice of the claim of copyright.” The three elements of the notice should ordinarily appear together on the copies.

For more information, see the Copyright Office’s Circular 3, Copyright Notice (pdf).

You will need to change the notice every time either the earliest or latest dates of publication change. Typically you will need to change at least the second date every year if you are adding new images.

Pick Your Publication Dates

Determining publication dates is tricky because determining whether an image is published or not is itself tricky. According to the statute, “Publication is the distribution of copies (…) of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies (…) to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.”

Browsers render webpages by downloading content to the viewer’s browser’s cache. Does that amount to transfer of ownership, rental, leasing or lending? In the absence of clarification from the lawmakers, the Copyright Office asks applicants, who know the facts surrounding distribution of their works, to determine whether works are published.

Insert it Right

If you’re editing HTML directly, you can type the © symbol straight into your code — modern browsers and servers all use UTF-8 encoding, which handles it without issue. You can also use the HTML entity © if you prefer. Either way works fine:

© 2026 David Brabyn

Add All Rights Reserved

You have probably also seen the phrase All rights reserved. It indicates that the copyright holder holds all the rights provided by copyright law for their own use, i.e. they have not waived any such right. Most countries no longer require such notices, but the phrase persists. There is no real downside to including it. Widespread misconceptions about copyright — particularly when it comes to online use — plead in favor of asserting rights in all ways possible. So, by all means, add it to your website pages.

If Someone Uses Your Work Without Permission

A copyright notice won’t stop everyone. If you find your work used without permission, the most practical first step is a DMCA takedown notice. Most platforms — Google, social media sites, web hosts — have a process for it. You submit a formal request identifying the infringing content and they are legally obligated to act on it. It’s not a lawsuit. It’s a standardized procedure and it works more often than you’d expect.

Remember: I am not a lawyer.

9W — web design, development, and consulting based in New York City. Custom websites, WordPress hosting and maintenance, website optimization, and digital strategy for businesses, sports organizations, and photographers.

Quick Tips WP Plugins LinkedIn GitHub Buy me a coffee

© 2026 David Brabyn. All rights reserved.