Supplemental Copyright Information | Page 7

on the leader of the
film or tape immediately preceding the work. For audiovisual works or
motion pictures distributed to the public for private use, the locations
include the above, and in addition: + On the permanent housing or
container
Pictorial, Graphic, and Sculptural Works
For works embodied in two-dimensional copies, a notice may be
affixed directly, durably, and permanently to: + The front or back of the
copies; + Any backing, mounting, framing, or other material to which
the copies are durably attached, so as to withstand normal use. For
works reproduced in three-dimensional copies, a notice may be affixed
directly, durably, and permanently to: + Any visible portion of the
work; + Any base, mounting, or framing or other material on which the
copies are durably attached.
For works on which it is impractical to affix a notice to the copies
directly or by means of a durable label, a notice is acceptable if it
appears on a tag or durable label attached to the copy so that it will
remain with it as it passes through commerce.
For works reproduced in copies consisting of sheet-like or strip

material bearing multiple or continuous reproductions of the work, such
as fabrics or wallpaper, the notice may be applied: + To the
reproduction itself; + To the margin, selvage, or reverse side of the
material at frequent and regular intervals; or + If the material contains
neither a selvage nor reverse side, to tags or labels attached to the
copies and to any spools, reels, or containers housing them in such a
way that the notice is visible in commerce.
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OMISSION OF NOTICE AND ERRORS IN NOTICE
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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
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 Berne amendment making notice optional for all works
published on and after March 1, 1989. There may still be instances,
such as the defense of innocent infringement, where the question of
proper notice may be a factor in assessing damages in infringement
actions.
Omission Of Notice
"Omission of notice" is publishing without a notice. In addition, some
errors are considered the same as omission of notice. These are: + A
notice that does not contain the (the letter C in a circle symbol), or the
word "Copyright" or the abbreviation "Copr." or, if the work is a sound
recording, the symbol P (the letter P in a circle); + A notice dated more
than 1 year later than the date of first publication; + A notice without a
name or date that could reasonably be considered part of the notice; +
A notice that lacks the statement required for works consisting
preponderantly of U.S. Government material; and + A notice located so
that it does not give reasonable notice of the claim of copyright.
The omission of notice does not affect the copyright protection, and no

corrective steps are required if the work was published on or after
March 1, 1989. For works published between January 1, 1978, but
before March 1, 1989, no corrective steps are required if:
1. The notice is omitted from no more than a relatively small number of
copies or phonorecords distributed to the public; or
2. The omission violated an express written requirement that the
published copies or phonorecords bear the prescribed notice.
In all other cases of omission in works published before March 1, 1989,
to preserve copyright:
1. The work must have been registered before it was published in any
form or before the omission occurred, or it must have been registered
within 5 years after the date of publication without notice; and
2. The copyright owner must have made a reasonable effort to add the
notice to all copies or phonorecords that were distributed to the public
in the United States after the omission was discovered. If these
corrective steps were not taken, the work went into the public domain
in the United States 5 years after publication. At that time all U.S.
copyright protection was lost and cannot be restored.
Error in Year
If the copyright duration depends on the date of first publication and
the year given in the notice is earlier than the actual publication date,
protection may be shortened by beginning the term on the date in the
notice. (For later date in the notice, see "Omission of Notice.")
Example: A work made for hire is created in 1983 and is first published
in 1988. However, the notice contains the earlier year