Supplemental Copyright Information | Page 4

break and a string of 5 asterisks (*****).
a. Circular 3: Copyright Notice b. Circular 15: Renewal of Copyright c.
Circular 15t: Extension of Copyright Terms d. Circular 22: Highlights
of Copyright Amendments Contained in the Uruguay Round
Agreements Act (URAA) e. WIPO Copyright Treaty
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United States Copyright Office
Circular 3
Copyright Notice
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INTRODUCTION
The use of a copyright notice is no longer required under U.S. law,
although it is often beneficial. Because prior law did contain such a
requirement, however, the use of notice is still relevant to the copyright
status of older works.

This circular discusses both the copyright notice provisions as
originally enacted in the 1976 Copyright Act (title 17, U.S. Code),
which took effect January 1, 1978, and the effect of the 1988 Berne
Convention Implementation Act, which amended the copyright law to
make the use of a copyright notice optional on copies of *works
published on and after March 1, 1989*. Specifications for the proper
form and placement of the notice are described in this circular.
Works published before January 1, 1978, are governed by the previous
copyright law. Under that law, if a work was published under the
copyright owner's authority without a proper notice of copyright, all
copyright protection for that work was permanently lost in the United
States.
The Uruguay Round Agreements Act of 1994 (URAA) (PL 103-465)
modified the effect of publication without notice for certain foreign
works. Under this Act, copyright is automatically restored, effective
January 1, 1996, for certain foreign works placed into the public
domain because of lack of proper notice or noncompliance with other
legal requirements. Although restoration is automatic, if the copyright
owner wishes to enforce rights against reliance parties (those who,
relying on the public domain status of a work, were already using the
work before the URAA was enacted), he/she must either file with the
Copyright Office a Notice of Intent to Enforce the restored copyright or
serve such a notice on the reliance party.
For more information about the copyright notice under the law in effect
before January 1, 1978, request Circular 96 Section 202.2, "Copyright
Notice", from the Copyright Office. For more information about
restoration of copyright under the URAA, request Circular 38b,
"Highlights of Copyright Amendments Contained in the Uruguay
Round Agreements Act (URAA)."
--------------------------- USE OF THE COPYRIGHT NOTICE
---------------------------
Copyright is a form of protection provided by the laws of the United
States to authors of "original works of authorship." When a work is

published under the authority of the copyright owner (see definition of
"publication" below), a notice of copyright may be placed on all
publicly distributed copies or phonorecords. The use of the notice is the
responsibility of the copyright owner and does not require permission
from, or registration with, the Copyright Office.
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 the work carries a proper notice, the court will not
*give any weight to a defendant's interposition of an innocent
infringement defense*--that is, that he or she did not realize that the
work was protected. An innocent infringement defense may result in a
reduction in damages that the copyright owner would otherwise
receive.
For works first published on and after March 1, 1989, use of the
copyright notice is optional. Before March 1, 1989, the use of the
notice was mandatory on all published works. Omitting 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