Page:Copyright Office Compendium 3rd Edition - Full.djvu/1085

, Third Edition • Copyright 1980 John Doe

• Copr. 1982 John Doe

In the case of a pictorial, graphic, or sculptural work, the year of publication may be omitted if the work is reproduced on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article.

2204.2 Notice for Sound Recordings Fixed on Phonorecords

A notice for a sound recording fixed in phonorecords and published before March 1, 1989 should include the following elements:

• The symbol ® [Le., the letter P in a circle);

• The year of first publication; and

• The name of the copyright owner for the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

17 U.S.C. § 402(b). Each of these terms are discussed in Sections 2204.4 and 2205 below. The elements of the notice should appear as a single continuous statement containing the ® symbol, followed by the year of first publication, followed by the name of the copyright owner.

Example:

• ® 1984 John Doe Records

If the producer of the sound recording is named on the labels or containers for the phonorecord, and if no other name appears in conjunction with the notice, the producer's name is considered part of the notice. 17 U.S.C. § 402(b).

2204.3 Omission of the © or ® Symbol or the Word "Copyright"

If a U.S. work was publicly distributed by authority of the copyright owner between January 1, 1978 and February 28, 1989, and if the copies or phonorecords do not contain the word "Copyright," the abbreviation "Copr.," or an appropriate symbol that could reasonably be regarded as part of the notice, the U.S. Copyright Office considers the work to be published without any notice. See 17 U.S.C. § 405.

2204.4 Variations on the © or ® Symbol or the Word "Copyright"

Some variants on the symbols © or ® or the word "copyright" may be acceptable and the use of such variants may not result in a defective notice. By contrast, an unacceptable variant will be treated as an omission of the notice.

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