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Re: [BKARTS] Fw: Change Copyright Date?
- To: BOOK_ARTS-L@xxxxxxxxxxxxxxxx
- Subject: Re: [BKARTS] Fw: Change Copyright Date?
- From: Alan Shalette <AlShal@xxxxxxx>
- Date: Mon, 19 Jan 2004 13:35:25 -0500
- Message-id: <439B3322.359B2E9B.email@example.com>
- Sender: Book_Arts-L <BOOK_ARTS-L@xxxxxxxxxxxxxxxx>
I think you're putting too fine a point on procedural
matters. Below, I quote from the Copyright web site:
>>When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or with
the aid of a machine or device.
>>Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you
wish to bring a lawsuit for infringement of a U.S. work. See Circular 1,
Copyright Basics, section "Copyright Registration."
>>Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their
copyright on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages and attorney's
fees in successful litigation. Finally, if registration occurs within 5
years of publication, it is considered prima facie evidence in a court
of law. See Circular 1, Copyright Basics, section "Copyright
Registration" and Circular 38b, Highlights of Copyright Amendments
Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
NOTICE OF COPYRIGHT
The use of a copyright notice is no longer required under U. S. law,
although it is often beneficial. Because prior law did contain such a
requirement, however, the use of notice is still relevant to the
copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was
eliminated when the United States adhered to the Berne Convention,
effective March 1, 1989. Although works published without notice before
that date could have entered the public domain in the United States, the
Uruguay Round Agreements Act (URAA) restores copyright in certain
foreign works originally published without notice. For further
information about copyright amendments in the URAA, request Circular
The Copyright Office does not take a position on whether copies of works
first published with notice before March 1, 1989, which are distributed
on or after March 1, 1989, must bear the copyright notice.
Use of the notice may be important because it informs the public that
the work is protected by copyright, identifies the copyright owner, and
shows the year of first publication. Furthermore, in the event that a
work is infringed, if a proper notice of copyright appears on the
published copy or copies to which a defendant in a copyright
infringement suit had access, then 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 provided in section
504(c)(2) of the copyright law. Innocent infringement occurs when the
infringer did not realize that the work was protected.
The use of the copyright notice is the responsibility of the copyright
owner and does not require advance permission from, or registration
with, the Copyright Office.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the
following three elements:
1. The symbol © (the letter C in a circle), 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 textual
matter, if any, is reproduced in or on greeting cards, postcards,
stationery, jewelry, dolls, toys, or any useful article; 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.
Example: © 2002 John Doe
The "C in a circle" notice is used only on "visually perceptible
copies." Certain kinds of works--for example, musical, dramatic, and
literary works--may be fixed not in "copies" but by means of sound in an
audio recording. Since audio recordings such as audio tapes and
phonograph disks are "phonorecords" and not "copies," the "C in a
circle" notice is not used to indicate protection of the underlying
musical, dramatic, or literary work that is recorded.
----- Original Message -----
From: "Gavin Stairs" <stairs@xxxxxxxxxxxx>
Sent: Monday, January 19, 2004 8:54 AM
Subject: Re: Fw: Change Copyright Date?
| Alan, you may be slightly confusing the matter here. The copyright
| stated in the standard manner, eg., © 2004 Name, or © Name 2004,
See the Book_Arts-L FAQ at: <http://www.philobiblon.com>
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