home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
stat
/
fed
/
17ch4.ws
(
.txt
)
< prev
next >
Wrap
WordStar Document
|
1993-08-16
|
35KB
|
693 lines
/* BBS LEGAL GUIDE COMMENTARY: The Mechanics of Copyright
Registration are covered in this Chapter of the Copyright. */
CHAPTER 4. COPYRIGHT NOTICE, DEPOSIT AND REGISTRATION
Section
401. Notice of copyright: Visually perceptible copies
402. Notice of copyright: Phonorecords of sound recordings
403. Notice of copyright: Publications incorporating United
States Government works
404. Notice of copyright: Contributions to collective works
405. Notice of copyright: Omission of notice
406. Notice of copyright: Error in name or date
407. Deposit of copies or phonorecords for Library of Congress
408. Copyright registration in general
409. Application for copyright registration
410. Registration of claim and issuance of certificate
411. Registration as prerequisite to infringement suit
412. Registration as prerequisite to certain remedies for
infringement
________________
S 401. Notice of copyright: Visually perceptible copies
/* The law in effect prior to 3/1/89 follows: under the
Berne Convention certain changes were made to the "Notice
Requirement of the Copyright Law. */
(a) General requirement. Whenever a work protected under this
title [17 USC SS 101 et seq.] is published in the United States
or elsewhere by authority of the copyright owner, a notice of
copyright as provided by this section shall be placed on all
publicly distributed copies from which the work can be visually
perceived, either directly or with the aid of a machine or
device.
/* Now here's the section effective 3/1/89*/:
(a) General Provisions. Whenever a work protected under this
title is published in the United States or elsewhere by
authority of the copyright owner, a notice of copyright as
provided by this section may be placed on publically distributed
copies from which the work can be visually perceived, either
directly or with the aid of a machine or device.
(b) Form of notice. The notice appearing on the copies shall
consist of the following three elements:
/* As of 3/1/89, subsection "b" begis with "If a notice appears
on the copies, it shall consist of the following elements: */
(1) the symbol c (the letter C in a circle),
/* C in a circle is not on the ASCII set of characters, so you'll
have to imagine that there is a circle around the "C." */
or the word "Copyright", or the abbreviation "Copr."; and
(2) the year of first publication of the work; in the case of
compilations or derivative works incorporating previously
published material, the year date of first publication of the
compilation or derivative work is sufficient. 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; 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.
(c) Position of notice. The notice shall be affixed to the copies
in such manner and location as to give reasonable notice of the
claim of copyright. The Register of Copyrights shall prescribe by
regulation, as examples, specific methods of affixation and
positions of the notice on various types of works that will
satisfy this requirement, but these specifications shall not be
considered exhaustive.
/* Subsection "d" became law on 3/1/89:*/
(d) Evidentiary weight of notice. If a notice of copyright in
the form and position specified in this section appears on the
publsihed copy or copies to which a defendant in a copyright
infringement suit has had access, the no weight shall be given
to such a defendant's interposition of a defense based on
innocent infringement in mitigation of actual or statutory
damages except as proivided in the last sentence of section 504
(c)(2) [17 U.S.C. 504(c)(2).]
S 402. Notice of copyright: Phonorecords of sound recordings
/* The following was effective until March 1, 1989:*/
(a) General requirement. Whenever a sound recording protected
under this title [17 USC SS 101 et seq.] is published in the
United States or elsewhere by authority of the copyright owner, a
notice of copyright as provided by this section shall be placed
on all publicly distributed phonorecords of the sound recording.
/* Here's the new section (a) */
(a) General Provisions. Whenever a sound recording protected
under this title is published in the United States or elsewhere
by authority of the copyright owner, a notice of copyright as
provided by this section may be placed on publically distributed
phonorecords of the sound recording.
(b) Form of notice. The notice appearing on the phonorecords
shall consist of the following three elements:
(1) the symbol P (the letter P in a circle); and
(2) the year 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 phonorecord
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.
(c) Position of notice. The notice shall 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 of copyright.
/* Section (d) became effective on March 1, 1989 */
(d) Evidentiary weight of notice. If a notice of copyright in
the form and position specified in this section appears on the
published phonorecord or phonrecords to which a defendant in a
copyright infringement suit has had access, the no weight shall
be given to such a defendant's interposition of a defense based
on innocent infringement in mitigation of actual or statutory
damages except as proivided in the last sentence of section 504
(c)(2) [17 U.S.C. 504(c)(2).]
S 403. Notice of copyright: Publications incorporating United
States Government works
/* First section 403 as it existed prior to March 1, 1989*/
Whenever a work is published in copies or phonorecords consisting
preponderantly of one or more works of the United States Govern-
ment, the notice of copyright provided by sections 401 or 402 [17
USC SS 401 or 402] shall also include a statement identifying,
either affirmatively or negatively, those portions of the copies
or phonorecords embodying any work or works protected under this
title [17 USC SS 101 et seq.].
/* Section 103 as changed, effective 3/1/89):*/
Sections 401(d) and 402(d) shall not apply to a work published
in copies or phonrecords consisting predominantly of one or more
works of the United States Government unless the notice of
copyright appearing on the publsihed copies or phonorecords to
which a defendant in the copyright infringement suit had access
includes a statement identifying, either affirmatively or
negatively, those protions of the copies or phonorecords
embodying any work or works protected under this title.
/* Note that within the statutes in this package, or other U.S.
government works, we "comment out" our editiorial contribution,
which is copyright and copyrightable.*/
S 404. Notice of copyright: Contributions to collective works
(a) A separate contribution to a collective work may bear its own
notice of copyright, as provided by sections 401 through 403 [17
USC SS 401-403]. However, a single notice applicable to the
collective work as a whole is sufficient to satisfy the
requirements of 401(d) or 402(d) as applicable with respect to
the separate contributions it contains (not including
advertisements inserted on behalf of persons other than the
owner of copyright in the collective work), regardless of the
ownership of copyr