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Chapter 2400

1309.4 Placement of Notice

 

1309.4 Placement of Notice

 

A vessel design notice must be “located and applied as to give reasonable notice of design protection” while the vessel “is passing through its normal channels of commerce.” 17 U.S.C. § 1306 (B); 37 C.F.R. § 212.4 (A) (1). Further, the notice must be “legible under normal conditions of use, and affixed in such a manner and position that, when affixed, it may be viewed upon reasonable examination.” The notice does not need to be permanently embossed or engraved into the vessel hull or deck, provided it is affixed in a manner that it is not likely to become unattached or illegible under normal conditions of use. 37 C.F.R. § 212.4 (A) (2).

 

Examples of acceptable notice locations include:

 

• In close proximity to the hull identification number;

 

• In close proximity to the driver’s helm console such that it is in plain view from the console;

 

• If the vessel is twenty feet in length overall or less, in close proximity to the capacity marking plate or notice; or

 

• In close proximity to the make and/or model designation of the vessel.

 

37 C.F.R. § 212.4 (D).