Copyright Compendium

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2203.4 Omission of Notice on Works First Published Between January 1, 1978 and February 28, 1989

 

2203.4 Omission of Notice on Works First Published Between January 1, 1978 and February 28, 1989

 

The omission of a notice on a work published between January 1, 1978 and February 28, 1989 with the authority of the copyright owner does not invalidate the copyright, provided that one of the following conditions has been met:

 

• The notice was omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or

 

• The work was registered before or within five years after the publication without notice and a reasonable effort was made “to add notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered;” or

 

• The omission was “in violation of an express requirement in writing that, as a condition of the copyright owner’s authorization of the public distribution of copies or phonorecords, they bear the prescribed notice.”

 

17 U.S.C. § 405 (A). Likewise, the omission of a notice on a work published between January 1, 1978 and February 28, 1989 does not invalidate the copyright in that work if the notice was removed from the copies or phonorecords without the authorization of the copyright owner. See 17 U.S.C. § 405 (C).