an ordinary user of the work under normal conditions of use and affixed to the copies in such a manner and position that when affixed it is not concealed from view upon reasonable examination by the Office or the ordinary user. See 17 U.S.C. §§ 401(c), 402(c).
Examples:
• A notice on the margin or back of a painting that is concealed under a permanent frame or mat is unacceptable.
• A notice on the bottom of a figurine that is cemented on a base so that the notice is concealed is unacceptable.
2206.8 Notice Visible Upon Ordinary Use
A notice that is not visible on casual inspection of the work may be acceptable if the notice becomes visible in the ordinary use of the work.
Example:
• A notice for a computer program that becomes visible when the program is run.
2207 Location and Placement of the Notice
The Copyright Act directs the Register of Copyrights to adopt specific regulations for the placement of copyright notice for various works. 17 U.S.C. § 401(c). These regulations are found at 37 C.F.R. § 201.20.
2207.1 Literary Works
As used in this Section, the term "leaf means a sheet of paper or the like, that 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.
2207.1(A) Literary Works Published in Book Form
In the case of works published in book form, a notice is acceptable if it appears on the copies in any of the following positions:
• The title page, if any.
• The page immediately following the title page, if any.
• Either side of the front cover, if any, or if there is no front cover, on either side of the front leaf of the copies.
• Either side of the back cover, if any, or if there is no back cover, either side of the back leaf of the copies.
Chapter 2200 : 18
12/22/2014
