dimensional copies, a notice may be
affixed directly, durably, and permanently to:
+ Any visible portion of the work;
+ Any base, mounting, or framing or other material on which the copies
are durably attached.
For works on which it is impractical to affix a notice to the copies
directly or by means of a durable label, a notice is acceptable if it
appears on a tag or durable label attached to the copy so that it will
remain with it as it passes through commerce.
For works reproduced in copies consisting of sheet-like or strip
material bearing multiple or continuous reproductions of the work, such
as fabrics or wallpaper, the notice may be applied:
+ To the reproduction itself;
+ To the margin, selvage, or reverse side of the material at frequent
and regular intervals; or
+ If the material contains neither a selvage nor reverse side, to tags
or labels attached to the copies and to any spools, reels, or
containers housing them in such a way that the notice is visible in
commerce.
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OMISSION OF NOTICE AND ERRORS IN NOTICE
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The 1976 Copyright Act attempted to ameliorate the strict consequences
of failure to include notice under prior law. It contained provisions
that set out specific corrective steps to cure omissions or errors in
notice. Under these provisions, an applicant had 5 years after
publication to cure omission of notice or certain errors. Although these
provisions are technically still in the law, their impact has been
limited by the Berne amendment making notice optional for all works
published on and after March 1, 1989. There may still be instances, such
as the defense of innocent infringement, where the question of proper
notice may be a factor in assessing damages in infringement actions.
Omission Of Notice
"Omission of notice" is publishing without a notice. In addition, some
errors are considered the same as omission of notice. These are:
+ A notice that does not contain the (the letter C in a circle
symbol), or the word "Copyright" or the abbreviation "Copr." or, if
the work is a sound recording, the symbol P (the letter P in a
circle);
+ A notice dated more than 1 year later than the date of first
publication;
+ A notice without a name or date that could reasonably be considered
part of the notice;
+ A notice that
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