Because prior law did contain such a requirement, however, the use of a copyright notice or copyright symbol is still relevant to the copyright status of older works.
Copyright notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without copyright notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without copyright notice.
How Is A Copyright Symbol UsefulUse of the copyright notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's defense based on innocent infringement. Innocent infringement occurs when the infringer did not realize that the work was protected.
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 Office.
Correct Form For The Copyright SymbolThe notice for visually perceptible copies should contain all the following three elements:
- The copyright symbol © (the letter C in a circle), or 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 article.
- 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: copyright © 2002 John DoeThe © or "C in a circle" notice or symbol is used only on visually perceptible copies.
PhonorecordsCertain 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.
Copyright Symbol for Phonorecords of Sound RecordingsSound recordings are defined in the law 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. Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word "phonorecord" includes cassette tapes, CDs, records, as well as other formats.
The notice for phonorecords embodying a sound recording should contain all the following three elements:
- The copyright symbol (the letter P in a circle)
- The year of first publication of the sound recording
- 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: See The Image To The Upper Right
Position of NoticeThe copyright notice should be affixed to copies or phonorecords in such a way as to give reasonable notice of the claim of copyright.
The three elements of the notice should ordinarily appear together on the copies or phonorecords or on the phonorecord label or container.
Since questions may arise from the use of variant forms of the notice, you may wish to seek legal advice before using any other form of the notice.