placed on publicly distributed copies from which the work can be
visually perceived, either directly or with the aid of a machine or
device.
(b) Form of Notice. If a notice appears on the copies, it shall consist
of the following three elements:
(1) the symbol (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and
(2) 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
(3) 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.
(c) Position of Notice. 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.
(d) Evidentiary Weight of Notice. 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).
Section 402. Notice of copyright: Phonorecords of sound recordings [2]
(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 [P in a circle] (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
|