Copyright Basics | Page 7

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 interposition of a defense based on innocent infringement
in mitigation of actual or statutory damages, except as provided in Title
17, Chap. 5, Sec. 504 of the copyright law. 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.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the
following three elements:
1. The symbol (the letter C in a circle), or the word "Copyright," or the
abbreviation "Copr."; and
2. 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; and
3. 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: (the letter C in a circle symbol) 2000 John Doe
The "C in a circle" notice is used 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 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.
Form of Notice for Phonorecords of Sound Recordings*
* Sound 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, LPs,
45 r. p. m. disks, as well as other formats.
The notice for phonorecords embodying a sound recording should
contain all the following three elements:
1. _*The symbol*_ (the letter P in a circle); and
2. _*The year of first publication*_ of the sound recording; and
3. _*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: (the letter P in a circle symbol) 2000 A. B. C. Records Inc.
NOTE: Since questions may arise from the use of variant forms of the
notice, you may wish to seek legal advice before using any form of the
notice other than those given here.
Position of Notice
The 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.
The Copyright Office has issued regulations concerning the form and
position of the copyright notice in the Code of Federal Regulations
( [http://www.loc.gov/copyright/title37/201/37cfr201.20.html] ). For
more information, request
[http://www.loc.gov/copyright/circs/circ03.pdf] , "Copyright Notice."
-=Publications Incorporating U. S. Government Works=-
Works by the U. S. Government are not eligible for U. S. copyright
protection. For works published on and after March 1, 1989, the
previous notice requirement for works consisting primarily of one or
more U. S. Government works has been eliminated. However, use of a
notice on such a work will defeat a claim of innocent infringement as
previously described provided the notice also includes a statement that
identifies either those portions of the work in which copyright is
claimed or those portions that constitute U. S. Government material.
Example: (the letter C in a circle symbol) 2000 Jane Brown. Copyright
claimed in

Chapters
7-10, exclusive of U. S. Government