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17 U.S.C. § 402 — Notice of copyright: Phonorecords of sound recordings

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

Copyright owners who publish a sound recording may place a copyright notice on publicly distributed phonorecords of it. The notice must include the ℗ symbol, the year of first publication, and the owner's name; if the producer is named and no other name appears, the producer's name counts as part of the notice. If this proper notice appeared on phonorecords 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 sound recording protected under this title is published — in the U.S. or elsewhere — by the copyright owner's authority, the owner may place a copyright notice, as this section describes, on publicly distributed phonorecords of that recording.

(b) Form of Notice. If a notice appears on the phonorecords, it must include three things: (1) the ℗ symbol (the letter P in a circle); (2) the year the sound recording was first published; and (3) the copyright owner's name, a recognizable abbreviation of it, or another generally known way to identify the owner. If the producer's name appears on the phonorecord's label or container, and no other name appears with the notice, the producer's name counts as part of the notice.

(c) Position of Notice. The notice must be placed on the phonorecord's surface, or on its label or container, in a way and location that gives reasonable notice of the copyright claim.

(d) Evidentiary Weight of Notice. If a proper copyright notice appeared on the published phonorecord or phonorecords that a defendant in an infringement lawsuit had access to, the court gives no weight to that defendant's "innocent infringement" defense 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 sound recording 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 phonorecords of the sound recording.

(b)Form of Notice.—

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

(1)

the symbol ℗ (the letter P in a circle); and

(2)

the year of first publication of the sound recording; and

(3)

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; if the producer of the sound recording is named on the phonorecord labels or containers, and if no other name appears in conjunction with the notice, the producer’s name shall be considered a part of the notice.

(c)Position of Notice.—

The notice shall be placed on the surface of the phonorecord, or on the phonorecord label or container, in such manner and location as to give reasonable notice of the claim of copyright.

(d)Evidentiary Weight of Notice.—

If a notice of copyright in the form and position specified by this section appears on the published phonorecord or phonorecords 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. 2577; Pub. L. 100–568, § 7(b), Oct. 31, 1988, 102 Stat. 2857.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2577
  • 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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