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Compendium of U.S. Copyright Office Practices, Third Edition

elsewhere by authority of the copyright owner," a notice "shall be placed on all publicly distributed copies from which the work can be visually perceived").

2203.4 Omission of Notice on Works First Published Between January 1 , 1 978 and February 28, 1 989

The omission of a notice on a work published between January 1, 1978 and February 28, 1989 with the authority of the copyright owner does not invalidate the copyright, provided that one of the following conditions has been met:

• The notice was omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or

• The work was registered before or within five years after the publication without notice and a reasonable effort was made "to add notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered;" or

• The omission was "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 bear the prescribed notice."

17 U.S.C. § 405(a). Likewise, the omission of a notice on a work published between January 1, 1978 and February 28, 1989 does not invalidate the copyright in that work if the notice was removed from the copies or phonorecords without the authorization of the copyright owner. See 17 U.S.C. § 405(c).

2204 The Form of the Notice

2204.1 Notice for Works Fixed in Copies

A notice for a work published before March 1, 1989 that has been fixed in copies should include the following elements:

• The symbol © or the word "Copyright" or the abbreviation "Copr.";

• The year of first publication for the work; and

• The name of the copyright owner, 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). Each of these terms are discussed in Sections 2204.4 and 2205 below. The elements of the notice should appear as a single continuous statement containing the copyright symbol or the word "Copyright" or the abbreviation "Copr.," followed by the year of first publication, followed by the name of the copyright owner.

Examples:

• © 1978 John Doe

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