United States Code/Title 17/1976-10-18/Chapter 1/Sections 19 to 21

76320United States CodeTitle 17, Chapter 1, §§ 19 to 21the United States Government
§ 19—Notice; form

The notice of copyright required by section 10 of this title shall consist either of the word "Copyright", the abbreviation "Copr.", or the symbol ©, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section 5 of this title, the notice may consist of the letter C enclosed within a circle, thus ©, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright was subsisting on July 1, 1909, the notice of copyright may be either in one of the forms prescribed herein or may consist of the following words: "Entered according to Act of Congress, in the year ____, by A.B., and in the office of the Librarian of Congress, at Washington, D.C.," or, at his option the word "Copyright", together with the year the copyright was entered and the name of the party by whom it was taken out; thus, "Copyright, 19__, by A.B."

In the case of reproductions of works specified in subsection (n) of section 5 of this title, the notice shall consist of the symbol (P) (the letter P in a circle), the year of first publication of the sound recording, and 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: Provided, That if the producer of the sound recording is named on the labels or containers of the reproduction, and if no other name appears in conjunction with the notice, his name shall be considered a part of the notice.

§ 20—Notice; place of application of, one notice in each volume or number of newspaper or periodical

The notice of copyright shall be applied, in the case of a book or other printed publication, upon its title page or the page immediately following, or if a periodical either upon the title page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title page or the first page of music, or if a sound recording on the surface of reproductions thereof or on the label or container in such manner and location as to give reasonable notice of the claim of copyright. One notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice.

§ 21—Notice; effect of accidental omission from copy or copies

Where the copyright proprietor has sought to comply with the provisions of this title with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct.

Amendment history edit

Sections 19 to 21 were added by the Act of July 30, 1947 (c. 391, 61 Stat. 652) which codified the Copyright Act of 1909 (Mar. 4, 1909, 35 Stat. 1075). Section 19 was amended by the Act of August 31, 1954 (c. 1161, 68 Stat. 1031), § 3. Sections 19 and 20 were amended by Public Law 92-140 (Oct. 15, 1971, 85 Stat. 391), § 1(c) and (d). Sections 19 to 21 were repealed by the Copyright Act of 1976 (Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2541) with effect from January 1, 1978.