Page:Copyright Office Compendium 3rd Edition - Full.djvu/1081

, Third Edition COMPENDIUM: Chapter 2200

Notice of Copyright

2201 What This Chapter Covers

This Chapter discusses the notice requirements for U.S. works published in copies

and phonorecords in the United States between January 1, 1978 and February 28, 1989,

when copyright notice was required for published works.

This Chapter does not cover works published before January 1, 1978 under the Copyright Act of 1909. For information on the notice requirements for works first published prior to January 1, 1978, see Chapter 2100 [Renewal Registration).

2202 Works Exempt From the Notice Requirement

2202.1 Unpublished Works

A copyright notice has never been required for unpublished works. The U.S. Copyright Office will register an unpublished work that does not bear a notice, regardless of whether the work was created before or after March 1, 1989.

2202.2 Post-Berne Works

Notice is optional for works first published on or after March 1, 1989.

The Berne Convention Implementation Act of 1988 amended the Copyright Act of 1976 by making notice optional for works published on or after this date. The Uruguay Round Agreements Act amended the statute by restoring copyrights for foreign works that lost copyright protection in the United States for failure to comply with notice requirements prior to March 1, 1989. This includes (i) works created by an author who is a citizen of, or domiciled in, a country that has entered into a copyright treaty with the United States, and (if) works first published, or sound recordings first fixed, in a country that has entered into a copyright treaty with the United States. For a detailed discussion of foreign works, see Chapter 2000.

For purpose of this Chapter, these types of works are collectively referred to as "Post- Berne Works."

2202.2(A) Advantages to Using Notice on Post-Berne Works

Although notice is optional for unpublished works, foreign works, or works published on or after March 1, 1989, the U.S. Copyright Office strongly encourages copyright owners to use a notice for the following reasons:

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