17 U.S.C. § 401 — Notice of copyright: Visually perceptible copies
submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 338 words · no verdicts yet
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.
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.
If a notice appears on the copies, it shall consist of the following three elements:
the symbol © (the letter C in a circle), or the word “Copyright”, or the abbreviation “Copr.”; and
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
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.
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.
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.)
- 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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