Position of Notice

The copyright notice should be affixed to copies or phonorecords in such

a way as to "give reasonable notice of the claim of copyright." The

three elements of the notice should ordinarily appear together on the

copies or phonorecords or on the phonorecord label or container. The

Copyright Office has issued regulations concerning the form and position

of the copyright notice in the Code of Federal Regulations (

[http://www.loc.gov/copyright/title37/201/37cfr201.20.html] ). For more

information, request [http://www.loc.gov/copyright/circs/circ03.pdf] ,

"Copyright Notice."

-=Publications Incorporating U. S. Government Works=-

Works by the U. S. Government are not eligible for U. S. copyright

protection. For works published on and after March 1, 1989, the previous

notice requirement for works consisting primarily of one or more U. S.

Government works has been eliminated. However, use of a notice on such a

work will defeat a claim of innocent infringement as previously

described provided the notice also includes a statement that identifies

either those portions of the work in which copyright is claimed or those

portions that constitute U. S. Government material.

Example: (the letter C in a circle symbol) 2000 Jane Brown. Copyright

claimed in Chapters 7-10, exclusive of U. S. Government maps

Copies of works published before March 1, 1989, that consist primarily

of one or more works of the U. S. Government _*should*_ have a notice

and the identifying statement.

-=Unpublished Works=-

The author or copyright owner may wish to place a copyright notice on

any unpublished copies or phonorecords that leave his or her control. _

Example: Unpublished work (letter C in a circle symbol) 1999 Jane Doe

-=Omission of the Notice and Errors in Notice=-

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 certain

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 amendment making notice optional for all works published

on and after March 1, 1989. For further information, request Circular 3

[http://www.loc.gov/copyright/circs/circ03.pdf].

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