Actually I did upgrade to the latest version but for some reason I guess the date didn't get changed. I re-upped all of the files and the admincp says I'm running 5.62, but the copyright stays at 2005. Same happens on other installs I have.
I did a fresh install of 5.62 recently on another site and the apostrophe still has the backlash appear with it in the comments. You can see that here: http://www.michelletrachtenberg.org/...php/photo/243/