Compendium II: Copyright Office Practices

Chapter 1000

NOTICE OF COPYRIGHT

Outline of Topics

1001 Applicability of this chapter.

1002 Unpublished works.

1003 Published works.

1003.01 Visually perceptible copies.

1003.02 Phonorecords.

1003.03 Contributions to collective works.

1004 Form of the copyright notice.

1004.01 Visually perceptible copies.

1004.02 Phonorecords of sound recordings.

1004.03 Special provision concerning U.S. Government

works.

1004.04 Limitations in juxtaposition to the copyright

notice.

1004.05 Restricted notice.

1005 Variants of word, symbol, or abbreviation.

1005.01 Visually perceptible copies.

1005.02 Phonorecords of sound recordings.

1006 Year date in the copyright notice.

1006.01 Form of year date.

1006.02 Omitted where required.

1006.03 Earlier than year of publication (antedated).

1006.04 Later than year of publication (postdated).

1006.05 Dispersed notice: year date.

1006.06 More than one year in notice.

1007 Name in copyright notice.

1007.01 Name as claimant on application.

1007.02 Sound recordings: presumption as to producer's

name in notice.

1007.03 Abbreviation or alternative designation.

1007.04 Unacceptable variants of name, abbreviation,

or alternative designation.

1007.05 Pseudonym in notice.

-1 -

[1984]

Chapter 1000

NOTICE OF COPYRIGHT

Outline of Topics -2-

1007 Name in copyright notice. (cont'd)

1007.06 Deceased person named in notice at time of

publication.

1007.07 Identity by reference.

1007.08 Additional names in notice.

1007.09 Separated name.

1008 Omission of copyright notice.

1008.01 Registration.

1009 Error in name.

1010 Error in date.

1010.01 Earlier date.

1010.02 Later date.

1011 Omission of name or date.

1011.01 Separated name.

1011.02 Separated date.

1011.03 Identity by reference.

1012 Publication incorporating United States Government

works.

1013 Affixation and position of the copyright notice.

1013.01 Copies.

1013.02 Phonorecords.

1013.03 Notice not properly affixed.

1013.04 Works published in book form.

1013.05 Periodicals or other serials.

1013.06 Musical works.

1013.07 Single-leaf works.

1013.08 Contributions to collective works.

1013.09 Works reproduced in machine-readable copies.

1013.10 Motion pictures and other audiovisual works.

1013.11 pictorial, graphic, and sculptural works.

1013.12 Separable parts published in permanent con-

tainer.

1013.13 Dust jackets on books.

1013.14 Sound recordings.

1013.15 Multi-part works.

[1984]

Chapter 1000

NOTICE OF COPYRIGHT

Outline of Topics -3 –

1014 Handwritten, typewritten, or rubber-stamped copy-

right notice on published copies or phonorecords.

1015 Legibility of copyright notice.

1016 Microscopic copyright notice.

1017 Concealed copyright notice.

1017.01 Notice visible upon ordinary use.

1018 Copyright notice: reverses.

1019 Notice of renewal copyright.

1020 Notices extraneous to the claim being registered.

[1984]

Chapter 1000

NOTICE OF COPYRIGHT

1001 Applicability of this chapter. The provisions

of this chapter are applicable only to works first

published on or after January I, 1978. The Copy-

right Office practices concerning the copyright

notice as it relates to works first published

before that date are found in Compendium I, which

is still in effect for such works.

1002 Unpublished works. No notice of copyright is re-

quired on unpublished works. An unpublished work

which does not bear a notice of copyright will be

accepted for registration. Registration will be

made without correspondence by the Copyright Office

for an unpublished work which bears a notice of

if used on the work when published.

1003 Published works. As a general rule whenever works

protected under the copyright law are published in

the United States or elsewhere by authority of the

by the law should appear on all publicly distributed

copies from which the work can be visually perceived

and on all publicly distributed phonorecords of sound

recordings. See 17 U.S.C. 401(a) and 402(a) .If a

work is published without notice or with a fatally

deficient notice by authority of the copyright

owner, and if more than five years have elapsed

since such publication, registration is not

possible. See section 1008.01 below.

1003.01 Visually perceptible copies. A visually per-

ceptible copy is one in which a work is fixed

and from which such work can be visually per-

ceived, either directly or with the aid of a

machine or device. Examples of visually

perceptible copies include books, sheet music,

and photographs. Examples of works not embodied

in visually perceptible form include literary,

dramatic, or musical matter fixed in the re-

corded sounds accompanying a motion picture

or other audiovisual work or in phonorecords.

When such works are published in phonorecords,

no copyright notice is required for the

literary, dramatic, or musical material

embodied in the phonorecords.

1000-1

[1984]

1000-2

1003 Published works. (cont'd)

1003.02 Phonorecords. A phonorecord is a material

object in which sounds, other than those

accompanying a motion picture or other audio-

visual work, are fixed and from which the

sounds can be perceived, reproduced, or other-

wise communicated, either directly or with the

aid of a machine or device. Examples include

disks, open reels, cassettes, and cartridges.

If the sound recording is protected by copy-

right, the appropriate notice for a sound

recording should be used. See 17 U.S.C. 101,

for the definition of sound recordings see

also section 1004.02 of this chapter.

1003.03 Contributions to collective works. A separate

contribution to a collective work may bear its

own notice of copyright, or a single notice

applicable to the collective work as a whole

may be sufficient for the separate contribu-

tions it contains but not including advertise-

4ments inserted on behalf of persons other than

the owner of copyright in the collective work.

See 17 U.S.C. 404(a). A collective work is one

in which a number of separate and independent

works are assembled into a collective whole, such

as a periodical issue, anthology, or encyclopedia.

1004 Form of the copyright notice. The form of the notice

is prescribed by the copyright law.

1004.01 Visually perceptible copies. For visually

perceptible copies the notice of copyright

shall consist of: 1) the symbol © (the letter

C in a circle), or the word "Copyright," or the

abbreviation "Copr.," 2) the year of first

publication of the work, and 3) the name of the

owner of copyright in the work, or an abbrevia-

tion by which the name can be recognized, or a

generally known alternative designation of the

owner. 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.

See 17 U.S.C. 401(b).

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1000-3

1004 Form of the copyright notice.

1004.02 Phonorecords of sound recordings. For phono-

records of sound recordings the notice shall

consist of: 1) the symbol (the letter P in

a circle), 2) the year date 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 phono-

record 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. See 17 U.S.C. 402(b).

1004.03 Special provision concerning U. S. Govern-

ment works. In the case of a work published

in copies or phonorecords and consisting pre-

ponderently of one or more works of the United

States Government, the notice of copyright shall

also include a statement identifying, either

affirmatively or negatively, those portions of

the copies or phonorecords embodying any work

or works protected under title 17. 17 U.S.C.

403. If such a limitation is not reflected on

the application for registration, the Copyright

Office may request the applicant to amend the

application. The absence of the statement

on the copies or phonorecords, when required,

will be considered an omission of notice. See

section 1008 of this chapter see also the

definition of a "work of the United States

Government" in 17 U.S.C. 101.

1004.04 Limitations in juxtaposition to the copyright

notice. Even though a claim to copyright, as

shown in the application, is limited to a

portion of the work (such as new matter), the

notice need not specify such a limitation.

Where the copyright claim covers less than

the entire work, a general notice, ..,

statement in juxtaposition to the notice

limits the claim to portions or features of

the work that are copyrightable, the notice

[1984]

1000-4

1004 Form of the copyright notice. (cont'd)

1004.04 Limitations in juxtaposition to the copyright

notice. (cont'd)

is sufficient, e.g., "Introduction and

Publishing Co.," or "Arrangement Copyright

1981 by Newstyle Music Co.". If such limita-

tions are not reflected on the application for

registration, the Copyright Office will corres-

pond to establish the extent of the claim and

to have the application amended, if necessary.

If the limitation is incorrect, the Copyright

Office will annotate the application as follows:

"On copyright deposit: [quote statement on

deposit]. Application correct: see corres-

pondence file."

1004.05 Restricted notice. Even though a statement

in juxtaposition to the notice refers only to

noncopyrightable matter, the claim will be

registered if the application clearly shows

that the claim is based on copyrightable

subject matter. The same is true where the

position of the copyright notice itself indi-

cates restriction of the claim to a noncopy-

rightable element. In such cases the Copyright

Office will send a cautionary letter. If the

application does not clearly refer to copy-

rightable subject matter, the Copyright Office

may either refuse registration or, in appro-

priate cases, correspond to determine the basis

of the claim. For works published before

January I, 1978, however, see topic 4.4.4.II.b

of Compendium I.

1005 Variants of word, symbol, or abbreviation.

Unacceptable variants of the symbol © or the

word "Copyright," or of the abbreviation "Copr.,"

will be treated as an omission of notice. See

section 1008 of this chapter. An acceptable

variant will be treated as if the correct symbol,

word, or abbreviation appeared as a part of the

notice.

NOTE: In the case of an acceptable variant of the

symbols © or , where registration is sought more

than five years after first publication, the claim

will be registered under the rule of doubt.

[1984]

1000-5

1005 Variants of word, symbol, or abbreviation.

(cont'd)

1005.01 visually perceptible copies. The notice on

visually perceptible copies should include the

symbol © (the letter C in a circle), or the word

"Copyright," or the abbreviation "Copr." 17

U.S.C. 401(b)(1).

1005.01(a) A misspelled or variant form of "Copyright"

or "Copr." may be accepted if it is clear

that copyright is meant. Examples of

variants which are acceptable:

1) Copyrighted

2) Copywrite

3) Copywritten

4) Copyright Pending

5) Copyright Applied For

6) Copyright and Registered

7) Registered U. S. Copyright Office

8) Copy.

9) Copyr.

like, is not acceptable as an element of

the copyright notice prescribed by U. S.

law. The same is true for such statements

in other languages, .., the Spanish

the use of such terms in juxtaposition to

an acceptable copyright notice will not

invalidate the notice.

1005.01(c) A variant of the symbol © is accepted only

where it resembles the © closely enough to

indicate clearly that the copyright symbol

is meant.

Acceptable variants include:

1) 'C'

2) ,.£.,

3) (c

4) c)

5) ©

6) (c)

[1984]

1000-6

1O05 Variants of word, symbol, or abbreviation. (cont'd)

1005.01 visually perceptible copies. (cont'd)

IO05.01(c) (cont'd)

Unacceptable variants include:

1) CO

2) C

3) C/O

4) ©

6) m

7) [c]

1005.02 Phonorecords of sound recordings. The notice

on phonorecords of sound recordings should

include the symbol 0 (the letter P in a circle).

A variant of the symbo10 is acceptable only

where it resembles the 0 closely enough to

indicate clearly that the sound recording

Acceptable variants include:

1) '1"

3) (p

4) p)

6) (p)

Unacceptable variants include:

1) P

2) m

3) [p]

4) ©, or any variant form of the standard

5) "Copyright," "Copr.," or any variant thereof

6) Audible notices

1006 Year date in the copyright notice. As a general

rule the copyright notice both for copies (17 U.S.C.

401(b)(2ª and for phonorecords of sound recordings

(17 U.S.C. 402(b)(2ª must include the year of first

publication of the work. The notice on copies of

a compilation or derivative work incorporating

[1984]

1000-7

1006 Year date in the copyright notice. (cont’d)

previously published material requires only the

year date of first publication of the compilation

or derivative work. 17 U.S.C. 401(b)(2) .The year

date may be omitted where a pictorial, graphic, or

sculptural work, with accompanying text, if any, is

reproduced in or on greeting cards, postcards,

stationery, jewelry, dolls, toys, or any useful

articles. 17 U.S.C. 101 and 401(b)(2). NOTE:

A label is not considered a useful article, from

which the year date may be omitted. Those textiles

and fabrics which are useful articles do not require

a year date: however, where a copyright notice

applicable to a textile or a fabric which is a

useful article is contained on a label affixed to

the textile or fabric, and the year date is omitted

from the notice, such notice shall be acceptable

insofar as it applies to the textile or fabric.

See section 1013.11(4)(ii1) below.

1006.01' Form of year date. A year date is acceptable

in any of the following forms: 1) Arabic

numerals, e.g., 1981: 2) abbreviations of

Arabic numerals, e.., 181: 3) Roman numerals

e.g., MCMLXXXI: 4T spelled out in words instead

of-numerals, .., Nineteen Hundred Eighty-One.

1006.02 Omitted where required. Where copies or phono-

records publicly distributed by authority of

the copyright owner contain no date that could

reasonably be regarded as a part of the notice,

the work is considered to have been published

without any notice. 17 U.S.C. 405: see also

section 1008 of this chapter.

1006.03 Earlier than year of publication (antedated).

Where the year date in the notice on copies

or phonorecords is earlier than the year in

which publication first occurred (see section

1010 of this chapter), it is considered to be

an error in date governed by 17 U.S.C. 406(b).

The application will be annotated to indicate

the date in the notice. A warning letter may

be sent to the applicant pointing out the

error in date and the consequences it may

[1984]

1000-8

1006 Year date in the copyright notice. (cont'd)

1006.03 Earlier than year of publication (antedated.

(cont'd)

have. These rules apply equally to those

works which do not require a year date in

the notice but which contain a year date

earlier than the year in which first publi-

cation occurred.

1006.04 Later than year of publication (postdated).

Where the year date in the notice on copies

or phonorecords is no more than one year later

that the year in which publication first

occurred, the claim will be registered without

annotation or correspondence. Where the year

is more than one year later than the year in

which publication first occurred, the work is

considered to have been published without any

notice under 17 U.S.C. 406(c) and is governed

by 17 U.S.C. 405. See section 1008 of this

chapter. Thus, if the application is submitted

within five years of first publication, the

claim will be registered without annotation:

however, a warning letter will be sent. If

registration is requested after five years

measured from the date of first publication,

registration will be refused. These rules

apply equally to those works which do not

require a year date in the notice, but which

contain a year date which is later than the

year in which first publication occurred.

17 U.S.C. 401(b)(2): see also section 1010

of this chapter.

1006.05 Dispersed notice: year date. The elements

of notice, including the year date when

required, should preferably appear together

as a single continuous statement, e.g.,

date that is present but separated from the

rest of the notice is acceptable if it is an

appropriate date and is reasonably identi-

fiable as part of the notice. Such a year

date is clearly acceptable if it is the

[1984]

1000-9

1006 Year date in the copyright notice. (cont'd)

1006.05 Dispersed notice: year date. (cont'd)

only one appearing on the same page as the

other elements. Also, an appropriate year

date prominently displayed elsewhere than

on the same page as the other elements is

acceptable, if it can reasonably be con-

sidered part of the notice. Examples of

acceptable year dates include the year

date in the Library of Congress Catalog

Card Number and the year in the issue date

on a periodical. The presence of intervening

matter need not necessarily preclude con-

sidering a year date a part of the notice.

In those cases where a year date is required

and no year date can be reasonably identi-

fied as part of the notice, the work will be

considered to have been published without

notice and will be governed by 17 U.S.C. 405.

See section 1008 of this chapter see also

section 1011.01 concerning separated names.

1006.06 More than one year date in notice. A notice

may sometimes contain, in addition to the year

date of first publication of the version being

registered, earlier year dates indicating an

earlier unpublished registration, or the

presence of previously published matter in the

work or they might signify nothing. Where

there is more than one year date in the notice

and none of them is the year date of first

publication, the Copyright Office will dis-

regard, for purposes of determining the

adequacy of the notice, all but the most recent

date.

1007 Name !n copyright notice. As a general rule the

of sound recordings must include the name of the

owner of copyright in the work, or an abbrevia-

tion by which the name can be recognized, or a

generally known alternative designation of the

owner. 17 U.S.C. 401(b)(3) and 402(b)(3). Ordi-

narily, the Copyright Office will not question

a name appearing as part of the notice, if it

appears sufficient to identify the owner of

[1984]

1000-10

1007 Name in copyright notice. (cont'd)

1007.01 Name as claimant on application. The copyright

"claimant" for registration purposes is the author of the work for which registration is sought, or a person or organization that has obtained ownership of all rights under the copyright initially belonging to the author. See 37 C.F.R. 202.3(a)(3). The names given

in the notice as owner of copyright and in

the application as claimant may be completely different and yet both may be correct. The Copyright Office will ordinarily not question an application unless information from the copies or phonorecords, from the application, or from other sources indicates that the name given as claimant on the application may not be the owner of copyright or the author.

1007.02 Sound recordings: presumption as to producer's name in notice. If the producer of a 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 as part of the notice. 17 D.S.C. 402(b)(3). The producer need not be identified as producer on the labels or containers.

Example:

On left side of the label on a 45 rpm disk:

@) 1981

On the right side of the label:

Doe Recording Company Produced and arranged by Jay Jones

Along the bottom of the label:

Mfg. by Doe Recording Co.

Application names Doe Recording Co. as author by virtue of being the employer in a work made for hire.

[1984]

1000-11

1007 Name in copyright notice. (cont'd

)

1007.02 Sound recordings: presumption as to producer’s

name in notice.

Example: (cont'd)

There is no name that could reasonably be

considered a part of the notice: therefore,

the producer presumption applies. Since

Doe Recording Co. is an employer in a work

made for hire, it would be considered the

producer and its name would be considered

as a part of the notice.

1007.03 Abbreviation or alternative designation. The

statute permits the use of an abbreviation by

which the copyright owner can be recognized

or a generally known alternative designation.

17 U.S.C. 401(b)(3) and 402(b)(3). In such a

case, the application should give the legal

name of the claimant, and preferably should

specify the relationship between the name and

what appears in the notice. A generally known

alternative designation may be either part of

the full name, e.g., "Atlantic" for Atlantic

Recording Corporation, or a completely differ-

ent name, e.g., "Melodium" for Genius Recording

Co., or well-known initials, e.g., "NBC" for

National Broadcasting company -An abbreviation

by which the name of the copyright owner can be

recognized should generally include an abbrevi-

ated part of each significant word in the full

name, e.g., "Merc. Rec." for Mercury Records

corporation. If what is in the notice reasonably

appears to identify the copyright owner to those

likely to come in contact with distributed copies

or phonorecords, the notice will be considered

acceptable. If this is not the case, the same

action is taken as where there is no name in

the notice. See section 1011 of this chapter.

1007.04 Unacceptable variants of name, abbreviation,

or alternative designation. Where the name,

abbreviation of the name, or an alternative

designation of the owner in the notice is so

[1984]

1000-12

1007 Name in copyright notice. (cont'd)

1007.04 Unacceptable variants of name, abbreviation,

or alternative designation. (cont'd)

vague, truncated, or ambiguous that it could

not be considered to identify any person or

entity as an owner of the copyright, the same

action is taken as when no name appears in the

notice. See 17 U.S.C. 406(c) see also section

1011 of this chapter.

1007.05 Pseudonym in notice. A pseudonym is a fictitious

or assumed name. Where the name appearing 1n

the copyright notice is known to be a pseudonym,

the Copyright Office will inquire as to whether

or not the individual is generally known by that

name. Where the individual is generally known

by the pseudonym appearing in the notice, the

able. Where, however, the individual is not

generally known by the name in the notice,

the work will be treated as being published

with no name in the notice. See section 1011

below.

1007.06 Deceased person named in notice at time of

publication. Where the Copyright Office has

knowledge that the person named 1n the not1ce

died before publication of the work, the same

action is taken as when there is an error in

the name in the notice. 17 U.S.C. 406(a)

see section 1009 of this chapter.

1007.07 Identity by reference. See section 1011 of

this chapter.

1007.08 Additional names in notice. Ordinarily, where

two or more names appear in the notice, but

only one is given as claimant in the appli-

cation, the claim will be accepted for regis-

tration without correspondence.

1007.09 Separated name. See section 1011 of this

chapter.

[1984]

1000-13

1008 Omission of copyright notice. Where the notice is

omitted from more than a relatively small number

of copies or phonorecords distributed by authority

of the copyright owner, and registration is being

made within five years of the date of publication

without notice, the Copyright Office may warn that

the law requires, in addition to registration,

that a reasonable effort must be made to add the

notice to all copies or phonorecords that are

distributed to the public in the United States

after the omission has been discovered. See

17 U.S.C. 405(a).

1008.01 Registration. Registration is not possible

for works published without notice or with a

fatally deficient notice by authority of the

elapsed since such publication. There are,

however two exceptions to this general rule:

1) where the notice has been omitted from no

more than a relatively small number of copies

or phonorecords distributed to the public: or

2) where the notice has been omitted in vio-

lation of an express requirement in writing

that, as a condition of the copyright owner's

authorization of the public distribution of

copies or phonorecords, they contain the

prescribed copyright notice. In these two

instances, there is no need for registration

to correct the omission. Registration in

these cases may be made at any time during the

subsistence of the copyright. See 17 U.S.C.

40S(a).

1009 Error in name. Where the person named in the copy-

right notice on copies or phonorecords publicly

distributed by authority of the copyright owner

is not the owner of copyright, the validity and

ownership of the copyright are not affected.

See 17 U.S.C. 406(a). In such cases, therefore,

registration can be made for the work at any time

during the subsistence of the copyright, naming as

claimant the owner of copyright at the time of

registration. See 37 C.F.R. 202.03(a)(i1), and

section 1007.01 of this chapter.

[1984]

1000-14

1010 Error in date. Where the year date is required, the notice of copyright should contain the year

of first publication of the work. See 17 U.S.C.

401(b)(2) and 402(b)(2). The notice provisions

of these sections apply to all copies or phono-

records publicly distributed on or after January I,

1978. See section 108 of the Transitional and

Supplementary Provisions of the current Act. For

works which were registered as unpublished before

January I, 1978, and first published after that

date, the copyright notice should contain the year

date in which copyright was secured by registration

In unpublished form. See also Chapter 900: PUBLI-

CATION.

1010.01 Earlier date. Generally, the use in the notice

of a year date that is earlier than the year in

which publication first occurred does not affect

the validity of the copyright. See 17 U.S.C.

406(b). However, the use of an earlier date

does affect the duration of copyright for

anonymous works, pseudonymous works, and works

made for hire, whose copyright term is computed

under 17 U.S.C. 302(c). In such cases, the

term is computed from the year date appearing

in the notice rather than from the actual year

of first publication. See section 1006.03 of

this chapter for the Copyright Office practice

regarding an earlier year date in the notice.

1010.02 Later date. The use in the notice of a year

date that is later than the year in which pub-

lication first occurred does not result in the

immediate loss of copyright. See 17 U.S.C.

406(b). However, where the year date is more

than one year later than the year in which

publication first occurred, the work is con-

sidered to have been published without any

notice. See 17 U.S.C. 405: see also section

1006.04 of this chapter for the Copyright

Office practice regarding a later year date in

the notice.

[1984]

1000-15

1011 Omission of name or date. When copies or phonorecords publicly distributed by authority of the copyright owner contain no name or no date (when

required) that could reasonably be considered a part of the notice, the work is considered to have been published without any notice of copyright and is governed by 17 D.S.C. 405. See sections 1004.01 and 1008 of this chapter.

1011.01 Separated name. When copies or phonorecords contain a name, abbreviation by which the name can be recognized, or a generally known alternative designation of the copyright owner, that is separated from the other elements of the notice, but that could reasonably be considered part of the notice, the notice is acceptable. Where the copies or phonorecords contain two or more

names abbreviations, or alternative designations that are equally identifiable with the rest of the notice, the notice is sufficient if any of the names, abbreviations, or alternative designations is capable of identifying any person or entity as an owner of copyright. If none of the names, abbreviations, or alternative designations is identifiable with the rest of the notice, the same action is taken

as where there is an omission of the copyright notice. 17 D.S.C. 406(c). See section 1008 of this chapter.

1011.02 Separated date. See section 1006.05 of this chapter.

1011.03 Identity by reference. A notice that identifies the copyright owner by reference, such as, for example, "Copyright by author," or "Copyright by the publisher," is considered acceptable by the Copyright Office, if the copies or phonorecords contain a name, abbreviation, or a generally known designation which is identified by the reference as the author, publisher, or other referenced person or legal entity. If no such name, abbreviation, or generally known designation can be identified on the copies or phonorecords, the same action is taken as where there is an omission of the copyright notice. 17 D.S.C. 406(c) and 405. See section 1008 of this chapter.

[1984]

1000-16

1012 Publication 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 shall also include a statement

identifying, either affirmatively or negatively,

those portions of the copies or phonorecords

embodying any work or works protected under

title 17, United States Code. See 17 U.S.C. 403.

The absence of the required statement is treated

as an omission of notice. See 17 U.S.C. 405 and

section 1008 of this chapter.

1013 Affixation and position of the copyright notice.

The law states that the notice shall be affixed

on publicly distributed copies and phonorecords

in such manner and location as to give reasonable

notice of the claim to copyright. 17 U.S.C. 401(c)

and 402(c) .The law directs the Register of Copy-

rights to prescribe by regulation, as examples,

specific methods of affixation and positions of

the notice on various types of works that will

satisfy this requirement as to copies. These

specifications are not to be considered exhaustive.

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.

1013.01 Copies. Where, in a particular case, a notice

appears in a place on the work other than one

of the precise locations prescribed by regula-

tion for copies, but the Copyright Office con-

siders that a person looking in one of those

precise locations would be reasonably certain

to find the notice, that notice will be

acceptable.

1013.02 Phonorecords. For phonorecords of sound

recordings, the law states that the notice

must be placed on the surface of the phono-

record, or on the phonorecord label or con-

tainer, in such manner and location as to give

reasonable notice of the claim to copyright.

See 17 U.S.C. 402(c).

[1984]

1000-17

1013 Affixation and position of the copyright notice.

(cont'd)

1013.03 Notice not properly affixed. A notice not

affixed to copies or phonorecords in such

manner and location as to give reasonable

notice of the claim to copyright is treated

as an omission of notice. 17 U.S.C. 405. See

section 1008 of this chapter.

1013.04 Works published in book form. In the case of

works published in book form, a notice repro-

duced on the copies in any of the following

positions is acceptable.

1) The title page, if any:

2) The page immediately following the title

page, if any:

3) Either side of the front cover, if any:

or, if there is no front cover, either

side of the front leaf of the copies:

4) Either side of the back cover, if any:

or, if there is no back cover, either

side of the back leaf of the copies:

5) The first page of the main body of the

work:

6) The last page of the main body of the

work:

7) Any page between the front page and the

first page of the main body of the work,

if: (i) there are no more than ten pages

between the front page and the first page

of the main body of the work: and (ii) the

notice is reproduced prominently and is set

apart from the other matter on the page

where it appears:

8) Any page between the last page of the main

body of the work and back page, if: (i)

there are no more than ten pages between

the last page of the main body of the work

[1984]

1000-18

1013 Affixation and position of the copyright notice. (cont'd)

1013.04 Works published in book form. (cont'd)

8) (cont'd)

and the back page: and (ii) the notice is

reproduced prominently and is set apart

from the other matter on the page where it

appears.

As used in connection with the position of the

notice, the term "leaf" means a sheet of paper

or the like, which may exist as a separate item

or as a part of a book or similar publication.

A "page" is a single side of a leaf.

1013.05 periodicals or other serials. In the case of a

work published as an issue of a periodical or

other serial, in addition to any of the loca-

tions acceptable for works published in book

form (see section 1013.04 of this chapter),

a notice is acceptable if it is located I)

as part of, or adjacent to, the masthead, or

.on the page containing the masthead: or 2)

adjacent to a prominent heading, appearing at

or near the front of the issue, containing the

title of the periodical or other serial and any

combination of the volume and issue number and

date of the issue.

1013.06 Musical works. In the case of a musical work

published in visually perceptible copies, in

addition to any of the locations acceptable for

works published in book form or as a periodical

or other serial (see sections 1013.04 and

1013.05 of this chapter), a notice is accept-

able if it is located on the first page of

music.

1013.07 single-leaf works. In the case of single-leaf

works, a notice reproduced on the copies any-

where on the front or back of the leaf is

acceptable.

[1984]

1000-19

1013 Affixation and position of the copyright notice.

(cont'd)

1013.08 Contributions to collective works. For a

separate contribution to a collective work

to be considered to "bear its own notice of

notice reproduced on the copies in any of the

following positions is acceptable:

I) Where the separate contribution is repro-

duced on a single page, a notice is accept-

able if it appears: i) under the title of

the contribution on that page~ ii) adjacent

to the contribution~ or iii) on the same

page, if through format, wording, or both,

the application of the notice to the par-

ticular contribution is made clear;

2) Where the separate contribution is repro-

duced on more than one page of the collec-

tive work, a notice is acceptable if it

appears: i) under a title appearing at or

near the beginning of the contribution~ ii)

on the first page of the main body of the

contribution~ iii) immediately following

the end of the contribution~ or iv) on any

of the pages where the contribution appears,

if: i) the contribution is reproduced on no

more than 20 pages of the collective work~

ii) the notice is reproduced prominently

and is set apart from other matter on the

page where it appears~ and iii) through

format, wording, or both, the application

of the notice to the particular contribu-

tion is made clear.

1013.08(a) Musical work. Where the separate contri-

bution is a musical work, in addition to

any of the locations listed above in para-

graphs 1 and 2, a notice is acceptable if

it is located on the first page of music of

the contribution.

[1984]

1000-20

1013 Affixation and position of the copyright notice.

(cont'd)

1013.08 Contributions to collective works. (cont'd)

1013.08(b) Alternative position. As an alternative to

placing the notice on one of the pages where

a separate contribution itself appears, the

contribution is considered to "bear its own

notice" if the notice appears clearly in

juxtaposition with a separate listing of

the contribution by full title and author,

and is located either: i) on the page

bearing the copyright notice for the col-

lective work as a whole, if any; or ii) in

a clearly identified and readily accessible

table of contents or listing of acknowl-

edgments appearing near the front or back

of the collective work as a whole.

1013.09 Works reproduced in machine-readable copies.

For works reproduced in machine-readable copies,

such as magnetic tapes or disks, punched cards,

or the like, from which the work cannot ordi-

narily be visually perceived except with the

aid of a machine or device, each of the

following constitute examples of acceptable

methods of affixation and position of the

notice:

1) A notice embodied in the copies in

machine-readable form in such manner

that on visually perceptible printouts

it appears either with or near the title,

or at the end of the work;

2) A notice that is displayed at the user's

terminal at sign-on;

3) A notice that is continuously on terminal

display; or

4) A legible notice reproduced durably, so as

to withstand normal use, on a gummed or

other label securely affixed to the copies

or to a box, reel, cartridge, cassette, or

other container used as a permanent recep-

tacle for the copies.

[1984]

1000-21

1013 Affixation and position of the copyright notice.

(cont'd)

1013.09 Works reproduced in machine-readable copies.

(cont'd)

Works published in a form requiring the use of

a machine or device for purposes of optical

enlargement, such as film, filmstrips, slide

films, and works published in any variety of

microform, and works published in any visually

perceptible form but used in connection with

optical scanning devices, are not within this

category. See also section 1017 below.

1013.10 Motion pictures and other audiovisual works.

The following constitute examples of acceptable

methods of affixation and positions of the

audiovisual works:

1) A notice that is embodied in the copies by

a photomechanical or electronic process, in

such a position that it ordinarily would

appear whenever the work is performed in

its entirety, and that is located: (i)

with or near the title; (ii) with the cast,

credits, and similar information; (iii) at

or immediately following the beginning of

the work: or (iv) at or immediately pre-

c, ceding the end of the work.

2) In the case of an untitled motion picture

or other audiovisual work whose duration is

sixty seconds or less, in addition to any

of the locations listed in paragraph (I)

above, a notice that is embodied in the

copies by a photomechanical or electronic

process, in such a position that it ordi-

narily would appear to the projectionist or

broadcaster when preparing the work for

performance is acceptable if it is located

on the leader of the film or tape immedia-

tely preceding the beginning of the work.

[1984]

1000-22

1013 Affixation and position of the copyright notice.

(cont'd)

1013.10 Motion pictures and other audiovisual works.

(cont'd)

3) In the case of a motion picture or other

audiovisual work that is distributed to the

public for private use, the notice may be

affixed, in addition to the locations

specified in paragraph (I) above, on the

housing or container, if it is a permanent

receptacle for the work.

See 37 C.F.R. 201.20(h).

1013.11 pictorial, graphic, and sculptural works. The

following constitute examples of acceptable

methods of affixation and positions of the

graphic, and sculptural works:

1) Where a work is reproduced in two-dimensional

copies, a notice affixed directly or by means

of a label cemented, sewn, or otherwise

attached durably, so as to withstand normal

use, on the front or back of the copies, or

to any backing, mounting, matting, framing,

or other material to which the copies are

durably attached, so as to withstand normal

use, or in which they are permanently

housed, is acceptable.

2) Where a work is reproduced in three-

dimensional copies, a notice affixed

directly or by means of a label cemented,

sewn, or otherwise attached durably, so as

to withstand normal use, to any visible

portion of the work, or to any base,

mounting, framing, or other material on

which the copies are durably attached, so

as to withstand normal use, or in which

they are permanently housed, is accept-

able.

[1984]

1000-23

1013 Affixation and position of the copyright notice.

(cont'd)

1013.11 Pictorial, graphic, and sculptural works.

(cont'd)

3) Where, because of the size or physical

characteristics of the material in which

the work is reproduced in copies, it is

impossible or extremely impractical to

affix a notice to the copies directly or

by means of a durable label, a notice is

acceptable if it appears on a tag that is

of durable material, so as to withstand

normal use, and that is attached to the

copy with sufficient durability that it

will remain with the copy while it is

passing through its normal channels of

commerce.

4) Where a work is reproduced in copies con-

sisting of sheet-like or strip material

bearing multiple or continuous reproduc-

tions of the work, the notice may be

applied: (i) to the reproduction itself;

(ii) to the margin, selvage, or reverse

side of the material at frequent and

I" regular intervals; or (iii) if the material

contains neither a selvage nor a reverse

side, to tags or labels, attached to the

copies and to any spools, reels, or con-

tainers housing them in such a way that a

notice is visible while the copies are

passing through their normal channels of

commerce.

See 37 C.F.R. 201.20(i)(1-4).

1013.12 Separable parts published in permanent container.

If the work is permanently housed in a container

such as a game or puzzle box, a notice reproduced

on the permanent container is acceptable.

37 C.F.R. 201.20(i)(5).

[1984]

1000-24

1013 Affixation and position of the copyright notice.

(cont'd)

1013.13 Dust jackets on books. A notice of copyright

on the dust jacket of a book 1S not acceptable

as notice for the book, since the dust jacket

is not permanently attached to the book.

Also, a notice of copyright appearing in a

book, even though referring to a dust jacket or

material appearing on a dust jacket, is not

acceptable as notice for the dust jacket or any

material appearing on that dust jacket. These

cases will be treated as omissions of notice.

See 17 U.S.C. 405, and section 1008 of this

chapter.

1013.14 Sound recordings. In general, in the case of

sound recordings the notice should be placed on

the surface of the phonorecord, or on the

phonorecord label or container. 17 U.S.C.

402(c). As a rule, a notice anywhere on the

surface of the phonorecord, the label, or a

container will be acceptable. A container

includes the jacket housing a disk or the box

housing a reel-to-reel tape, a cartridge, or a

.cassette, but does not include an outer mailing

or packaging box, envelope, or other wrapper

intended for disposal once the phonorecord is

put into use.

1013.15 Multi-part works. One notice per unit of pub-

lication is adequate for both copies or phono-

records, provided that a proper notice is used

and that it is affixed in a manner and location

that gives reasonable notice of the claim to

For example: for a phonorecord a notice on the

first disk of a 12-disk collection is accept-

able, but a notice only on the middle disk of a

12-disk collection is not acceptable: for music

a notice properly positioned on the score of a

unit consisting of a score and parts is accept-

able for the entire unit, but a notice only on

one or more of the parts is not acceptable for

the unit: for a multimedia kit, a notice on the

permanent container or box in which it is housed

is acceptable.

[1984]

1000-25

1014 Handwritten, typewritten, or rubber-stamped copy-

right notice on published copies or phonorecords.

Where such notice appears on deposited copies or

phonorecords, the Copyright Office will not ques-

tion the notice, if registration is sought within

five years of first publication. However, where

registration of a claim to copyright is sought more

than five years after the date of first publica-

tion, the Copyright Office will correspond to

determine whether such notice appeared on the

copies or phonorecords as published earlier.

1015 Legibility of copyright notice. A blurred notice

will be acceptable if it is legible. But a notice

so badly blurred as to be illegible will be treated

as an omission of notice. See 17 U.S.C. 405 and

section 1008 of this chapter.

1016 Microscopic copyright notice. In general, a notice

so small that it cannot be read without a magnifying

glass is considered unacceptable, and the claim

will be treated as if publication of the work had

occurred without notice. See 17 U.S.C. 405 and

section 1008 of this chapter. Where, however, the

work itself requires magnification for its ordinary

use, e.g., a microfilm, microcard, or motion

picture film, a notice that is readable when so

magnified is acceptable.

1017 Concealed copyright notice. A notice which is

permanently covered up so that it cannot be seen

without tearing the work apart is considered

unacceptable, and the claim will be treated as

if publication of the work had occurred without

notice. See 17 U.S.C. 405 and section 1008 of

this chapter.

Examples:

1) A notice which the Copyright Office is told

is on the margin or back of a painting but

which is concealed under a permanent frame

or mat.

2) A notice which the Copyright Office is told

is on the bottom of a figurine cemented on a

base that conceals the notice.

[1984]

1000-26

1017 Concealed copyright notice. (cont'd)

Examples: (cont'd)

3) A notice on a print used for a calendar, with

the calendar pad securely pasted down over the

notice.

NOTE: The acceptability of a notice depends upon

its being permanently legible to an ordinary user

of the work under normal conditions of use, and

affixed to the copies in such manner and position

that, when affixed, it is not concealed from view

upon reasonable examination.

1017.01 Notice visible upon ordinary use. A notice

which, though not visible on casual inspection

of the work, becomes visible upon ordinary use

of the work is acceptable.

Examples:

1) A revolving set of disks on which the notice

(as well as some or all of the copyright

matter) is concealed when the disks are in

starting position, but is revealed upon their

manipulation as directed.

2) A print used for a calendar, with a calendar

pad suspended over the notice which is seen

when the pad is lifted.

1018 Copyright notice: reverses. Where the deposited

work, such as a mold or decal, is the reverse of

the product that is intended to result from its

use, the notice is acceptable even though printed

in reverse.

1019 Notice of renewal copyright. The copyright law

does not provide for a special or additional copy-

right notice for published works that are in their

renewal term. Thus, the continued use of the

original form of notice on the publicly distributed

copies of published works in their renewal term is

considered sufficient to maintain the validity of

[1984]

1000-27

1019 Notice of renewal copyright. (cont'd)

the copyright in such works. However, a notice

which also refers to the fact of renewal may be used. Such a notice might read as follows:

1020 Notices extraneous to the claim being registered.

The copyright Office will generally disregard and

refrain from commenting upon copyright notices having no relationship to the claim for which registration is being made.

[END OF CHAPTER 1000]

[1984]

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Compendium II: Copyright Office Practices - Chapter 1000