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. The symbol © (letter C in a circle) the word “Copyright” or the abbreviation “Copr.”.They should appear together or in close proximity on the copies. The notice for visually perceptible copies should contain all three elements described below. The form used for "visually perceptible" copies-that is, copies that can be seen or read, either directly (such as books) or with the aid of a machine (such as films)-differs from the form used for phonorecords of sound recordings (such as compact discs or cassettes).įorm of notice for visually perceptible copies Section 401 of the Copyright Act specifies the form and location of the copyright notice. 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.Ī copyright notice from a 19th century book published in the United States Works published before January 1, 1978, are governed by the 1909 Copyright Act. Omitting the notice on any work first published from January 1, 1978, to February 28, 1989, could have resulted in the loss of copyright protection if corrective steps were not taken within a certain amount of time. Before March 1, 1989, the use of the notice was mandatory on all published works. Prior law did, however, require a notice, and the use of a notice is still relevant to the copyright status of older works.įor works first published on or after March 1, 1989, use of the copyright notice is optional. US law no longer requires the use of a copyright notice, although placing it on a work does confer certain benefits to the copyright holder. An innocent infringement defense can result in a reduction in damages that the copyright owner would otherwise receive. 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 use of an innocent infringement defense-that is, to a claim that the defendant did not realize that the work was protected. Use of the notice informs the public that a work is protected by copyright, identifies the copyright owner, and shows the year of first publication.
The use of the notice is the responsibility of the copyright owner and does not require permission from, or registration with, the Copyright Office. When a work is published under the authority of the copyright owner, a notice of copyright may be placed on all publicly distributed copies or phonorecords. In United States copyright law, a copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work.Ĭopyright is a form of protection provided by US law to authors of "original works of authorship".