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Affixation of the Notice

Affixation and Position of the Notice

The Copyright Act states that the notice shall be affixed on publicly distributed copies and phonorecords in such a manner and in a location that provides reasonable notice to the public of the claim to copyright.

In all cases, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work and affixed to the copies in such manner and position that it is not concealed from view upon reasonable examination.

Affixation of Notice on Copies

If a notice is not affixed to copies or phonorecords in such manner and location as to give reasonable notice of the claim to copyright, the U.S. Copyright Office considers the work to be published without notice. 17 U.S.C. §§ 401(c), 402(c), 405.

Affixation of Notice on Phonorecords

When a work is publicly distributed on phonorecords, a notice shall be placed on the surface of the phonorecord or on the label or container for the phonorecord in such manner and location as to give reasonable notice of the claim to copyright. 17 U.S.C. § 402(c).

Handwritten, Typewritten, or Rubber-Stamped Notice on Published Copies or Phonorecords

As a general rule, if a handwritten, typewritten, or rubber-stamped notice appears on copies or phonorecords of a work published between January 1, 1978 and February 28, 1989, the U.S. Copyright Office may ask the applicant whether a similar notice appeared on all the copies or phonorecords when the work was first published.

Legibility of the Notice

A blurred notice may be acceptable if it is legible, but a notice that is so badly blurred as to be illegible will be treated as an omission of notice.

Microscopic Notice

In general, a notice that is so small that it cannot be read without a magnifying glass is considered unacceptable and will be treated as if the work was published without notice, unless the work itself requires magnification for its ordinary use and provided that the notice is readable when the work has been magnified.

Concealed Notice

A concealed notice that is permanently covered so that it cannot be seen without damaging or tearing the work apart is unacceptable. The U.S. Copyright Office considers such works to be published without notice. To be acceptable, a notice must be legible to

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