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Part 8.2 NOTICE OF COPYRIGHT

8.2.1

General requirement of Copyright notice.

I.

First publication abroad. To secure copyright in the United States published abroad must generally bear the statutory copyright notice at the time of first publication) this is true regardless of whether the author is a citizen or domiciliary of the United States, a citi­zen of a U.C.C. oountry or of a country not a party to the

U.C.C., or whether the work was first published in a U.C.C. country. (As to notice requirements in general, see Chapter 4; as to publication, see Chapter 3.)

a.

Helm case doctrine. The majority opinion in the 1946 case of Helm v. Universal Picture Co. suggested that works by fore1gn authors might, secure copyright in the United States by publication without notice abroad.

1.

On the basis of this opinion the Copyright Office for some time registered works first published abroad without an acceptable notice, under the rule of doubt.

2.

The Copyright Office now talkes the position that, whatever validity the Helm case doctrine may have had at one time, the doctrine is no longer effective view of the U.C.C. and later developments. (37 C.F.R. § 202.2(a)(3).)

II.

Later publication.

a.

U.C.C. requirements. The statute (§ 9(c)) provides that the special exemptions tor works protected under the U.C.C. "shall apply only it from the time of first pub­lication all the copies of the work published with the authority of the author or other copyright proprietor shall bear the symbol © accompanied by the name of the copyright proprietor end the year date of first publica­tion placed in such a manner and location as to give reasonable notice of claim of copyright."