ircs/circ38b.pdf] .
The Copyright Office does not take a position on whether copies of works
first published with notice before March 1, 1989, which are distributed
on or after March 1, 1989, must bear the copyright notice.
Use of the notice may be important because it informs the public that
the work is protected by copyright, identifies the copyright owner, and
shows the year of first publication. Furthermore, in the event that a
work is infringed, if a proper notice of copyright 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 Title
17, Chap. 5, Sec. 504 of the copyright law. Innocent infringement occurs
when the infringer did not realize that the work was protected.
The use of the copyright notice is the responsibility of the copyright
owner and does not require advance permission from, or registration
with, the Copyright Office.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all 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 textual
matter, if any, is reproduced in or on greeting cards, postcards,
stationery, jewelry, dolls, toys, or any useful article; 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.
Example: (the letter C in a circle symbol) 2000 John Doe
The "C in a circle" notice is used only on "visually perceptible
copies." Certain kinds of works--for example, musical, dramatic, and
literary works--may be fixed not in "copies" but by means of sound in an
audio recording. Since audio recordings such as audio tapes and
phonograph disks are "phonorecords" and not "copies," the "C in a
circle" notice is not used to indicate protection of the underlying
musical, dramatic, or litera
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