first publication. For example: "(C in
a circle symbol) Joan Crane 1994" or "Copyright 1994 by Abraham Adams."
For sound recordings published on or after February 15, 1972, a copyright
notice might read "1994 XYZ Records, Inc." See below for more information
about sound recordings.
For mask works, a copyright notice might read "(C in a circle symbol) SDR
Industries." Request Circular 100, "Federal Statutory Protection for Mask
Works," for more information.
As originally enacted, the 1976 law prescribed that all visually
perceptible published copies of a work, or published phonorecords of a
sound recording, should bear a proper copyright notice. This applies to
such works published before March 1, 1989. After March 1, 1989, notice of
copyright on these works is optional. Adding the notice, however, is
strongly encouraged and, if litigation involving the copyright occurs,
certain advantages exist for publishing a work with notice.
Prior to March 1, 1989, the requirement for the notice applied equally
whether the work was published in the United States or elsewhere by
authority of the copyright owner. Compliance with the statutory notice
requirements was the responsibility of the copyright owner. Unauthorized
publication without the copyright notice, or with a defective notice,
does not affect the validity of the copyright in the work.
Advance permission from, or registration with, the Copyright Office is
not required before placing a copyright notice on copies of the work or
on phonorecords of a sound recording. Moreover, for works first published
on or after January 1, 1978, through February 28, 1989, omission of the
required notice, or use of a defective notice, did not result in
forfeiture or outright loss of copyright protection. Certain omissions
of, or defects in, the notice of copyright, however, could have led to
loss of copyright protection if steps were not taken to correct or cure
the omissions or defects. The Copyright Office has issued a final
regulation (37 CFR 201.20) that suggests various acceptable positions for
the notice of copyright. For further information, write to the Copyright
Office and request Circular 3, "Copyright Notice", and Circular 96,
Section 201.20, "Methods of Affixation and Positions of the Copyright
Notice on Various Types of Works."
Works Already in the Public Domain
Neither the 1976 Copyright Act, the Berne Convention Implementation Act
of 1988, the Copyright Renewal
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