Chapter 1000

NOTICE OF COPYRIGHT

Outline of Topics

1001Applicability of this chapter.
1002Unpublished works.
1003Published works.
1003.01Visually perceptible copies.
1003.02Phonorecords.
1003.03Contributions to collective works.
1004Form of the copyright notice.
1004.01Visually perceptible copies.
1004.02Phonorecords of sound recordings.
1004.03Special provision concerning U.S. Government works.
1004.04Limitations in juxtaposition to the copyright notice.
1004.05Restricted notice.
1005Variants of word, symbol, or abbreviation.
1005.01Visually perceptible copies.
1005.02Phonorecords of sound recordings.
1006Year date in the copyright notice.
1006.01Form of year date.
1006.02Omitted where required.
1006.03Earlier than year of publication (antedated).
1006.04Later than year of publication (postdated).
1006.05Dispersed notice: year date.
1006.06More than one year in notice.
1007Name in copyright notice.
1007.01Name as claimant on application.
1007.02Sound recordings: presumption as to producer's name in notice.
1007.03Abbreviation or alternative designation.
1007.04Unacceptable variants of name, abbreviation, or alternative designation.
1007.05Pseudonym in notice.

1007.06Deceased person named in notice at time of publication.
1007.07Identity by reference.
1007.08Additional names in notice.
1007.09Separated name.
1008Omission of copyright notice.
1008.01Registration.
1009Error in name.
1010Error in date.
1010.01Earlier date.
1010.02Later date.
1011Omission of name or date.
1011.01Separated name.
1011.02Separated date.
1011.03Identity by reference.
1012Publication incorporating United States Government works.
1013Affixation and position of the copyright notice.
1013.01Copies.
1013.02Phonorecords.
1013.03Notice not properly affixed.
1013.04Works published in book form.
1013.05Periodicals or other serials.
1013.06Musical works.
1013.07Single-leaf works.
1013.08Contributions to collective works.
1013.09Works reproduced in machine-readable copies.
1013.10Motion pictures and other audiovisual works.
1013.11Pictorial, graphic, and sculptural works.
1013.12Separable parts published in permanent con­tainer.
1013.13Dust jackets on books.
1013.14Sound recordings.
1013.15Multi-part works.

1014Handwritten, typewritten, or rubber-stamped copy­ right notice on published copies or phonorecords.
1015Legibility of copyright notice.
1016Microscopic copyright notice.
1017Concealed copyright notice.
1017.01Notice visible upon ordinary use.
1018Copyright notice: reverses.
1019Notice of renewal copyright.
1020Notices extraneous to the claim being registered.

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 1, 1978. The Copy­right 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 re­quired 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 copyright, even though the notice may be defective 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 copyright owner, the notice of copyright prescribed 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 per­ceptible copy is one in which a work is fixed and from which such work can be visually per­ceived, 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 re­corded 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.
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 other­wise 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 copy­right, 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 contribu­tions it contains but not including advertise­ments 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 abbrevia­tion 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).
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. Govern­ment works. In the case of a work published in copies or phonorecords and consisting preponderently 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, e.g.,"© 1981 John Doe, is sufficient. Where a statement in juxtaposition to the notice limits the claim to portions or features of the work that are copyrightable, the notice is sufficient, e.g., "Introduction and Illustrations Copyright 1981 by popular Publishing Co.," or "Arrangement Copyright 1981 by Newstyle Music Co.". If such limita­tions are not reflected on the application for registration, the Copyright Office will corres­pond 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 corres­pondence 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 indi­cates restriction of the claim to a noncopy­rightable element. In such cases the Copyright Office will send a cautionary letter. If the application does not clearly refer to copy­rightable subject matter, the Copyright Office may either refuse registration or, in appropriate cases, correspond to determine the basis of the claim. For works published before January 1, 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.
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. 40l(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.
1005.01(b)
The term "All Rights Reserved," or the 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, e.g., the Spanish "Todos los Derechos Reservados." However, 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)
͜c
3)
(c
4)
c)
5)
6)
(c)

Unacceptable variants include:

1)
co
2)
c
3)
c/o
4)
5)
co
6)
c
7)
[c]
1005.02
Phonorecords of sound recordings. The notice on phonorecords of sound recordings should include the symbol ℗ (the letter P in a circle). A variant of the symbol ℗ is acceptable only where it resembles the ℗ closely enough to indicate clearly that the sound recording copyright symbol is meant.
1)
͡P
2)
͜P
3)
(P
4)
P)
5)
6)
(P)

Unacceptable variants include:

1)
P
2)
P
3)
[P]
4)
©, or any variant form of the standard copyright symbol
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)(2) and for phonorecords of sound recordings (17 U.S.C. 402(b)(2 must include the year of first publication of the work. The notice on copies of a compilation or derivative work incorporating 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)(iii) 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.g., '81; 3) Roman numerals e.g., MCMLXXXI; 4) spelled out in words instead of numerals, e.g., Nineteen Hundred Eighty-one.
1006.02
Omitted where required. Where copies or phono­records 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 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 publi­cation 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. 40l(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., © 1981 ABC Corporation. However, a year date that is present but separated from the rest of the notice is acceptable if it is an appropriate date and is reasonably identi­fiable as part of the notice. Such a year date is clearly acceptable if it is the 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 con­sidered 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 con­sidering a year date a part of the notice. In those cases where a year date is required and no year date can be reasonably identi­fied 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 dis­regard, for purposes of determining the adequacy of the notice, all but the most recent date.
1007
Name in copyright notice. As a general rule the copyright notice for both copies and phonorecords of sound recordings must include 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. 17 U.S.C. 401(b)(3) and 402(b)(3). Ordi­narily, the Copyright Office will not question a name appearing as part of the notice, if it appears sufficient to identify the owner of copyright.
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 U.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.
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. 40l(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 differ­ent name, e.g., "Melodium" for Genius Recording Co., or well known initials, e.g. "NBC" for National Broadcasting Company. An abbreviationby which the name of the copyright owner can be recognized should generally include an abbrevi­ated 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 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 in 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 copyright notice will be considered accept­able. 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 in the notice 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 appli­cation, the claim will be accepted for regis­tration without correspondence.
1007.09
Separated name. See section 1011 of this chapter.
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 copyright owner, if more than five years have 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 vio­lation 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. 405(a).
1009
Error in name. Where the person named in the copy­right 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)(ii), and section 1007.01 of this chapter.
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 phono­records publicly distributed on or after January 1, 1978. See section 108 of the Transitional and Supplementary Provisions of the current Act. For works which were registered as unpublished before January 1, 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: PUBLI­CATION.
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 pub­lication 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 con­sidered 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.
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 U.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 U.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 U.S.C. 406(c) and 405. See section 1008 of this chapter.
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 Copy­rights 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 regula­tion for copies, but the Copyright Office con­siders 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 phono­record, or on the phonorecord label or con­tainer, in such manner and location as to give reasonable notice of the claim to copyright. See 17 U.S.C. 402(c).
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 repro­duced 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 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 loca­tions acceptable for works published in book form (see section 1013.04 of this chapter), a notice is acceptable if it is located 1) 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 accept­able 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 any­where on the front or back of the leaf is acceptable.
1013.08

Contributions to collective works. For a separate contribution to a collective work to be considered to "bear its own notice of copyright," as provided by 17 U.S.C. 404, a notice reproduced on the copies in any of the following positions is acceptable:

1)
Where the separate contribution is repro­duced on a single page, a notice is accept­able 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 particular contribution is made clear:
2)
Where the separate contribution is repro­duced on more than one page of the collec­tive 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 contribu­tion is made clear.
1013.08(a)
Musical work. Where the separate contri­bution is a musical work, in addition to any of the locations listed above in para­graphs 1 and 2, a notice is acceptable if it is located on the first page of music of the contribution.
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 col­lective work as a whole, if any; or ii) in a clearly identified and readily accessible table of contents or listing of acknowl­edgments 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 ordi­narily 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 that is displayed at the user's terminal at sign-on;
2)
A notice that is continuously on terminal display; or
3)
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;
4)
A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copiesor to a box, reel, cartridge, cassette, or other container used as a permanent recep­tacle for the copies.

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 copyright notice on motion pictures and other 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 pre­ceding 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 (1) above, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordi­narily 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 immedia­tely preceding the beginning of the work.
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 (l) 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 copyright notice on various forms of pictorial, 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 accept­able.
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 con­sisting of sheet-like or strip material bearing multiple or continuous reproduc­tions 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 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 con­tainers 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).
1013.13
Dust jackets on books. A notice of copyright on the dust jacket of a book is 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 pub­lication is adequate for both copies or phono­records, 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 copyright in the entire unit of publication. For example: for a phonorecord a notice on the first disk of a l2-disk collection is accept­able, but a notice only on the middle disk of a l2-disk collection is not acceptable: for music a notice properly positioned on the score of a unit consisting of a score and parts is accept­able 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.
1014
Handwritten, typewritten, or rubber-stamped copy­right notice on published copies or phonorecords. Where such notice appears on deposited copies or phonorecords, the Copyright Office will not ques­tion 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 publica­tion, 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.
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 copy­right 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

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:

Copyright 1953 by John Doe
Copyright renewed by Mrs. Mary Doe
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]