NOTICE OF COPYRIGHT

LEARNING OBJECTIVE: Recognize how a notice of copyright is displayed on a copyrighted work.

For works first published on and after March 1, 1989, use of the copyright notice is optional, though highly recommended. Before March 1, 1989, the use of the notice was mandatory on all published works, and any work first published before that date must bear a notice or risk loss of copyright protection. (The Copyright Office does not take a position on whether works first published with notice before March 1, 1989, and reprinted and distributed on and after March 1, 1989, must bear the copyright notice.)

Use of the notice is recommended because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Additionally, in the event that a work is infringed, if the work carries a proper notice, the court will not allow a defendant to claim "innocent infringement" - that is, that he did not realize the work is protected (a successful innocent infringement claim may result in a reduction in damages that the copyright owner would otherwise receive).

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

FORM OF NOTICE FOR VISUALLY PERCEPTIBLE COPIES

The notice for visually perceptible copies should contain the following three elements:

l The symbol c (the letter C in a circle), the word "Copyright" or the abbreviation "Copr."

l The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic or sculptural work, with accompanying textual

.. matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys or any useful articles.

l The name of the owner of copyright in the work, an abbreviation by which the name can be recognized or a generally known alternative designation of the owner. Note the following example:

c 1993 Jack Crevalle

The "C in a circle" notice is required only on "visually perceptible copies." Certain kinds of works, for example, musical, dramatic and literary works, may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings, such as audiotapes and phonograph discs, are "phonorecords" and not "copies," there is no requirement that the phonorecord bear a "C in a circle" notice to protect the underlying musical, dramatic or literary work that is recorded.

FORM OF NOTICE FOR PHONORECORDS OF SOUND RECORDINGS

The copyright notice for phonorecords of sound recordings has somewhat different requirements. The notice appearing on phonorecords should contain the following three elements: l The symbol @ (the letter P in a circle) l The year of first publication of the sound recording Q The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. When the producer of the sound recording is named on the phonorecord labels or containers and when no other name appears in conjunction with the notice, the producer's name should be considered a part of the notice. Consider the following example: @ Jack Crevalle

POSITION OF NOTICE

The notice should be affixed to copies or phonorecords of the work in such a manner and location as to "give reasonable notice of the claim of copyright." The notice on phonorecords may appear on the surface of the phonorecord or on the phonorecord label or container, provided the manner of placement and location gives reasonable notice of the claim. The three elements of the notice should ordinarily appear together on the copies or phonorecords.

PUBLICATION INCORPORATING UNITED STATES GOVERNMENT WORKS

Works by the U.S. government are not eligible for copyright protection For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U.S. government works has been eliminated. However, use of the copyright notice for these works is still strongly recommended. The use of a notice on such a work will defeat a claim of innocent infringement, as previously described, provided the notice also includes a statement that identifies one of the following: l Those portions of the work in which copyright is claimed. 

l Those portions that constitute U.S. government material. Note the following example:

c 1993 Jack Crevalle. Copyright claimed in Chapters 7-10, exclusive of U.S. government maps.

Works published before March 1, 1989, that consist primarily of one or more works of the U.S. government must bear a notice and the identifying statement.

UNPUBLISHED WORKS

The copyright notice is not required on unpublished works. To avoid an inadvertent publication. without notice, however, it may be advisable for the author or other owner of the copyright to affix notices to any copies or phonorecords that leave his control.

CORRECTING ERRORS AND OMISSIONS

Unlike the law that was in effect before 1978, sections 405 and 406 in the new Copyright Act provide procedures for correcting errors and omissions of the copyright notice on works published on or after January 1, 1978, and before March 1, 1989.

Generally, the omission or error does not automatically invalidate the copyright in a work if registration for the work has been made before, or is made within five years after the publication without notice. Also, to add the notice to all copies or phonorecords distributed to the public in the United States after the omission has been discovered, a reasonable effort is required.

Before 1978 (as a condition for copyright protection), the copyright law required all copies published with the authorization of the copyright owner to bear a proper notice. When a work was published under the copyright owner's authority before January 1, 1978, without a proper copyright notice, all copyright protection for that work was permanently lost in the United States. The new copyright law does not provide retroactive protection for those works.