Page:H.R. Rep. No. 94-1476 (1976) Page 028.djvu



Sec. 401. Notice of copyright: Visually perceptible copies. 402. Notice of copyright: Phonorecords of sound recordings. 403. Notice of copyright: Publications incorporating United States Government works. 404. Notice of copyright: Contributions to collective works. 405. Notice of copyright: Omission of notice. 406. Notice of copyright: Error in name or date. 407. Deposit of copies or phonorecords for Library of Congress. 408. Copyright registration in general. 409. Application for registration. 410. Registration of claim and issuance of certificate. 411. Registration as prerequisite to infringement suit. 412. Registration as prerequisite to certain remedies for infringement.

§ 401. Notice of copyright: Visually perceptible copies

(a) .—Whenever a work protected under this title is published in the United States or elsewhere by authority of the copyright owner, a notice of copyright as provided by this section shall be placed on all publicly distributed copies from which the work can be visually perceived, either directly or with the aid of a machine or device.

(b) .—The notice appearing on the copise shall consist of 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 text matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles; 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.

(c) .—The notice shall be affixed to the copies in such manner and location as to give reasonable notice of the claim of copyright. The Register of Copyrights shall prescribe by regulation, as examples, specific methods of affixation and positions of the notice on various types of works that will satisfy this requirement, but these specifications shall not be considered exhaustive.

§ 402. Notice of copyright: Phonorecords of sound recordings

(a) .—Whenever a sound recording protected under this title is published in the United States or elsewhere by authority of the copyright owner, a notice of copyright as provided by this section shall be placed on all publicly distributed phonorecords of the sound recording.

(b) .—The notice appearing on the phonorecords shall consist of 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 labels or containers, and if no other name appears in conjunction with the notice, the producer’s name shall be considered a part of the notice.

(c) .—The notice shall be placed on the surface of the phonorecord, or on the phonorecord label or container, in such manner and location as to give reasonable notice of the claim of copyright.

§ 403. Notice of copyright: Publications incorporating United States Government works

Whenever a work is published in copies or phonorecords consisting preponderantly of one or more works of the United States Government, the notice of copyright provided by sections 401 or 402 shall also include a statement identifying, either affirmatively or negatively, those portions of copies or phonorecords embodying any work or works protected under this title.

§ 404. Notice of copyright: Contributions to collective works

(a) A separate contribution to a collective work may bear its own notice of copyright, as provided by sections 401 through 403. However, a single notice