notice on copies or
phonorecords that leave his or her control to indicate that rights are
claimed.
An appropriate notice for an unpublished work might be: Unpublished
work (C in a circle symbol) 1998 John Doe.
------------------------------------------------------------------------ FORM OF
NOTICE --------------
The form of the copyright notice used for "visually perceptible"
copies--that is, those that can be seen or read, either directly (such as
books) or with the aid of a machine (such as films)--is different from
the form used for phonorecords of sound recordings (such as compact
disks or cassettes).
VISUALLY PERCEPTIBLE COPIES
The notice for visually perceptible copies should contain three elements.
They should appear together or in close proximity on the copies. The
elements are:
1. *The symbol* (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and
2. *The year of first publication.* If the work is a derivative work or a
compilation incorporating previously published material, the year date
of first publication of the derivative work or compilation is sufficient.
Examples of derivative works are translations or dramatizations; an
example of a compilation is an anthology. The year may be omitted
when 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 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.
Example: (C in a circle symbol) 1999 Jane 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
literary work that is recorded.
*The United States is a member of the Universal Copyright Convention
(the UCC), which came into force on September 16, 1955. To
guarantee protection for a copyrighted work in all UCC member
countries, the notice must consist of the symbol (C in a circle
symbol)(the word "Copyright" or the abbreviation are not acceptable),
the year of first publication, and the name of the copyright proprietor.
Example: (C in a circle symbol) 1999 John Doe. For information about
international copyright relationships, request Circular 38a,
"International Copyright Relations of the United States."
PHONORECORDS OF SOUND RECORDINGS
The copyright notice for phonorecords embodying a sound recording is
different from that for other works. Sound recordings are defined as
"works that result from the fixation of a series of musical, spoken or
other sounds, but not including the sounds accompanying a motion
picture or other audiovisual work." Copyright in a sound recording
protects the particular series of sounds fixed in the recording against
unauthorized reproduction, revision, and distribution. This copyright is
distinct from copyright of the musical, literary, or dramatic work that
may be recorded on the phonorecord.
Phonorecords may be records (such as LPs and 45s), audio tapes,
cassettes, or disks. The notice should contain the following three
elements appearing together on the phonorecord:
1. *The symbol* (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 copyright* in the sound recording, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner. If the producer of the
sound recording is named on the phonorecord label or container and if
no other name appears in conjunction with the notice, the producer's
name shall be considered a part of the notice. Example: (P in a circle
symbol) 1999 X.Y.Z. Records, Inc.
------------------------------------------------------------------------
CONTRIBUTIONS TO COLLECTIVE WORKS
A "collective work" is one in which a number of contributions that are
separate and independent works in themselves are assembled into a
collective whole. Examples of collective works include periodicals
(such as magazines and journals), encyclopedias, and anthologies.
A single copyright notice applicable to the collective work as a whole
serves to indicate protection for all the contributions in the collective
work, except for advertisements, regardless of the ownership of
copyright in the individual contributions and whether they have been
published previously.
However, a separate contribution to a collective work may bear its own
notice of copyright, and in some cases, it may be advantageous to
utilize the separate notice. As a practical matter, a separate notice will
inform the public of the identity of the owner of the contribution. For
works first published before March 1, 1989, there may be additional
reasons to use a separate notice. If the
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