For works first published on and after March 1,
1989, use of the copyright notice is optional, though
highly recommended. Before March 1, 1989, the use of
the notice was mandatory on all published works, and
any work first published before that date must bear a
notice or risk loss of copyright protection. (The
Copyright Office does not take a position on whether
works first published with notice before March 1, 1989,
and reprinted and distributed on and after March 1,
1989, must bear the copyright notice.)
Use of the notice is recommended because it
informs the public that the work is protected by
copyright, identifies the copyright owner, and shows the
year of first publication. Additionally, in the event that
a work is infringed, if the work carries a proper notice,
the court will not allow a defendant to claim “innocent
infringement” — that is, that he did not realize the work
is protected (a successful innocent infringement claim
may result in a reduction in damages that the copyright
owner would otherwise receive).
The use of the copyright notice is the responsibility
of the copyright owner and does not require advance
permission from, or registration with, the Copyright
O f f i c e .
FORM OF NOTICE FOR VISUALLY
PERCEPTIBLE COPIES
The notice for visually perceptible copies should
contain the following three elements:
l
l
.
.
l
The symbol © (the letter C in a circle), the word
“Copyright” or the abbreviation “Copr.”
The year of first publication of the work. In the
case of compilations or derivative works
incorporating previously published material, the
year date of first publication of the compilation
or derivative work is sufficient. The year date
may be omitted where 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 any useful articles.
The name of the owner of copyright in the
work, an abbreviation by which the name can be
recognized or a generally known alternative
designation of the owner. Note the following
example:
© 1993 Jack Crevalle
The “C in a circle” notice is required 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
audiotapes and phonograph discs, are “phonorecords”
and not “copies,” there is no requirement that the
phonorecord bear a “C in a circle” notice to protect the
underlying musical, dramatic or literary work that is
recorded.
FORM OF NOTICE FOR PHONORECORDS
OF SOUND RECORDINGS
The copyright notice for phonorecords of sound
recordings has somewhat different requirements. The
notice appearing on phonorecords should contain the
following three elements:
l The symbol @ (the letter P in a circle)
l The year of first publication of the sound
recording
Q 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. When the producer of the
sound recording is named on the phonorecord labels or
containers and when no other name appears in
conjunction with the notice, the producer’s name should
be considered a part of the notice. Consider the
following example:
@ Jack Crevalle
POSITION OF NOTICE
The notice should be affixed to copies or phono-
records of the work in such a manner and location as to
“give reasonable notice of the claim of copyright.” The
notice on phonorecords may appear on the surface of the
phonorecord or on the phonorecord label or container,
provided the manner of placement and location gives
reasonable notice of the claim. The three elements of the
notice should ordinarily appear together on the copies
or phonorecords.
PUBLICATION INCORPORATING
UNITED STATES GOVERNMENT
WORKS
Works by the U.S. government are not eligible for
copyright protection For works published on and after
March 1, 1989, the previous notice requirement for
10-13
