Supplemental Copyright Information | Page 7

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.
------------------------------------------------------------------------ OMISSION OF 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 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 of 1987. In this case, the term of copyright protection would be measured from the year in the notice, and the expiration date would be 2082, 95 years from 1987.
Error in Name
When the person named in the notice is not the owner of copyright, the error may be corrected by:
1. Registering the work in the name of the true owner;
*or*
2. Recording a document in the Copyright Office executed by the person named in the notice that shows the correct ownership. Otherwise, anyone who innocently infringes the copyright and can prove that he or she was misled by the notice and obtained a transfer or license from the person named in the notice may have a complete defense against the infringement.
------------------------------------------------------------------------ MANDATORY DEPOSIT
All works under copyright protection and published in the United States on or after March 1, 1989, are subject to mandatory deposit whether published with or without a notice.
Works first published *before* March 1, 1989, are