Must the copyright be visible and in the footer or can it be in the php file or html file as /** copyright 2008 **/
No, there is no requirement that you have a visible copyright notice, at least under US copyright law. However, there are a lot of content thieves that assume no notice means "steal me", so it certainly doesn't hurt you to have it. Here is what the US Copyright Office says: http://www.copyright.gov/circs/circ1.html#noc Also, if you choose to include the notice, it needs to have the name of who hold the copyright for it to be meaningful: