itting the notice on any
work first published before that date could result in the loss of
copyright protection if corrective steps are not taken within a certain
amount of time. The curative steps are described in this circular under
"Omission of Notice and Errors in Notice."
The Copyright Office does not take a position on whether reprints of
works first published with notice before March 1, 1989, which are
distributed on or after March 1, 1989, must bear the copyright notice.
WHAT IS PUBLICATION?
The 1976 Copyright Act defines publication as "the distribution of
copies or phonorecords of a work to the public by sale or other transfer
of ownership, or by rental, lease, or lending." An offering to
distribute copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display also
constitutes publication. The following do not constitute publication:
printing or other reproduction of copies, performing or displaying a
work publicly, or sending copies to the Copyright Office.
COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKS
The copyright notice has never been required on unpublished works.
However, because the dividing line between a preliminary distribution
and actual publication is sometimes difficult to determine, the
copyright owner may wish to place a copyright notice on copies or
phonorecords that leave his or her control to indicate that rights are
claimed.
An appropriate notice for an unpublished work might be: Unpublished work
(C in a circle symbol) 1998 John Doe.
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FORM OF NOTICE
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The form of the copyright notice used for "visually perceptible"
copies--that is, those that can be seen or read, either directly (such
as books) or with the aid of a machine (such as films)--is different
from the form used for phonorecords of sound recordings (such as compact
disks or cassettes).
VISUALLY PERCEPTIBLE COPIES
The notice for visually perceptible copies should contain three
elements. They should appear together or in close proximity on the
copies. The elements are:
1. *The symbol* (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and
2. *The year of first publication.* If the work is a derivative work or
a compilation incorporating previously published material, the year
date of first publication of the der
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