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17 U.S.C. § 401Notice of copyright: Visually perceptible copies

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

Copyright owners who publish a visually perceptible work may place a copyright notice on the copies. The notice must include the © symbol or the word "Copyright," the year of first publication, and the owner's name, placed so it gives reasonable notice of the claim. If a proper notice was on copies a defendant could access, courts give no weight to an "innocent infringement" defense, except as section 504(c)(2) allows.

(a) General Provisions. When a copyrighted work is published — in the U.S. or elsewhere — by the copyright owner's authority, the owner may place a copyright notice, as described in this section, on publicly distributed copies that people can see, either directly or with a machine or device. (b) Form of Notice. If a notice appears, it must have three parts: (1) the © symbol, the word "Copyright," or the abbreviation "Copr."; (2) the year the work was first published (for compilations or derivative works using earlier published material, the compilation's or derivative work's own publication year is enough; the year may be left off for pictorial, graphic, or sculptural works, with any accompanying text, when reproduced on greeting cards, postcards, stationery, jewelry, dolls, toys, or other useful items); and (3) the copyright owner's name, a recognizable abbreviation of it, or another generally known way to identify the owner. (c) Position of Notice. The notice must be placed on the copies in a way and location that gives reasonable notice of the copyright claim. The Register of Copyrights will issue regulations giving examples of specific placement methods that satisfy this rule, but those examples are not the only ways to comply. (d) Evidentiary Weight of Notice. If a proper copyright notice appeared on the published copy or copies that a defendant in an infringement lawsuit had access to, the court gives no weight to that defendant's claim of "innocent infringement" as a reason to reduce damages — except as allowed by the last sentence of section 504(c)(2).
the actual law source: uscode.house.gov ↗public domain
(a)General Provisions.—

Whenever a work protected under this title is published in the United States or elsewhere by authority of the copyright owner, a notice of copyright as provided by this section may be placed on publicly distributed copies from which the work can be visually perceived, either directly or with the aid of a machine or device.

(b)Form of Notice.—

If a notice appears on the copies, it shall consist of the following three elements:

(1)

the symbol © (the letter C in a circle), or the word “Copyright”, or the abbreviation “Copr.”; and

(2)

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

(3)

the name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

(c)Position of Notice.—

The notice shall be affixed to the copies in such manner and location as to give reasonable notice of the claim of copyright. The Register of Copyrights shall prescribe by regulation, as examples, specific methods of affixation and positions of the notice on various types of works that will satisfy this requirement, but these specifications shall not be considered exhaustive.

(d)Evidentiary Weight of Notice.—

If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in the last sentence of section 504(c)(2).

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2576; Pub. L. 100–568, § 7(a), Oct. 31, 1988, 102 Stat. 2857.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2576
  • 1988Amended · Pub. L. 100-568 · 102 Stat. 2857

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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