2205.1 (C) Antedated Notice: Date in the Notice Earlier than the Actual Year of First Publication
An antedated notice is a notice that contains a date that is earlier than the year that the work was first published.
• Monster Trucks, Inc. first published a parts catalog in 1986 with an antedated notice that reads: “¬© 1985 Monster Trucks.”
If a U.S. work was publicly distributed by authority of the copyright owner between January 1, 1978 and February 28, 1989 with an antedated notice, it is considered an error in the date. This error does not affect the validity of the copyright in that work. 17 U.S.C. § 406 (B), (C).
If the date in the notice is only one year (or less) earlier than the date of publication specified in the application, the registration specialist will register the claim and will add an annotation, such as: “Regarding publication: Year date in notice .” If the date is two or more years earlier than the date of publication specified in the application, the specialist will communicate with the applicant to determine if the publication date is correct. If the date specified in the application is incorrect, the specialist may add the correct date to the application, register the claim, and add a note to the registration record. If the date specified in the application is correct and the work is not a derivative work, the registration specialist will register the claim and add an annotation, such as: “Regarding publication: Year date in notice . Publication date confirmed correct in phone call/email with on .”
NOTE: Using an antedated notice in an anonymous work, pseudonymous work, or work made for hire may affect the term of the copyright if the work was first published in the United States between January 1, 1978 and February 28, 1989. In such cases, the term is computed from the year of publication that appears in the notice, rather than from the actual year of first publication.