Page:Copyright Office Compendium 3rd Edition - Full.djvu/1082

, Third Edition • It puts potential users on notice that copyright is claimed in the work.

• In the case of a published work, a notice may prevent a defendant in a copyright infringement action from attempting to limit his or her liability for damages or injunctive relief based on an innocent infringement defense.

• It identifies the copyright owner at the time the work was first published for parties seeking permission to use the work.

• It identifies the year of first publication, which may be used to determine the term of copyright protection in the case of an anonymous work, a pseudonymous work, or

a work made for hire.

• It may prevent the work from becoming an orphan work by identifying the copyright owner and/or specifying the term of the copyright.

See 17 U.S.C. §§ 401(d), 402(d), 405(b), 406(a), 504(c)(2).

Copyright owners may use any form of notice for an unpublished work, a foreign work, or a work published on or after March 1, 1989. As a general rule, Post-Berne works do not need to comply with the notice requirements set forth in Sections 401 or 402 of the Copyright Act or any of the other requirements discussed in Sections 2203 through 2209 below.

NOTE: There is limited exception to this rule. Works published on or after March 1, 1989 may require a notice that complies with Sections 401 or 402 to prevent a defendant from invoking an innocent infringement defense in a copyright infringement action. See 17 U.S.C. §§ 401(d), 402(d), 504(c)(2).

2202.2(B) Examination Guidelines for Post-Berne Works

Because a notice is not required for a Post-Berne work, the omission of a notice from the copies or phonorecords of that work has no effect on the validity of the copyright. However, if the information provided in the application is inconsistent with the information contained in the notice, the registration specialist may communicate with the applicant.

2203 Requirement of Notice

2203.1 Works First Published Between January 1, 1978 and February 28, 1989

Prior to March 1, 1989, when a copyrighted work was published with the authority of the copyright owner in the United States or elsewhere, the copyright law generally required that a notice be placed "on all publicly distributed copies from which the work can be visually perceived." Likewise, the copyright law generally required that a notice be placed "on all publicly distributed phonorecords of [a] sound recording" published in the United States or elsewhere with the authority of the copyright owner. See Copyright Act of 1976, §§ 401(a), 402(a), 90 Stat. 2541, 2576-77 (1976) (current version at 17

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