For mask works, a copyright notice might read “(C in a circle symbol) SDR Industries.”  Request Circular 100, “Federal Statutory Protection for Mask Works,” for more information.

As originally enacted, the 1976 law prescribed that all visually perceptible published copies of a work, or published phonorecords of a sound recording, should bear a proper copyright notice.  This applies to such works published before March 1, 1989.  After March 1, 1989, notice of copyright on these works is optional.  Adding the notice, however, is strongly encouraged and, if litigation involving the copyright occurs, certain advantages exist for publishing a work with notice.

Prior to March 1, 1989, the requirement for the notice applied equally whether the work was published in the United States or elsewhere by authority of the copyright owner.  Compliance with the statutory notice requirements was the responsibility of the copyright owner.  Unauthorized publication without the copyright notice, or with a defective notice, does not affect the validity of the copyright in the work.

Advance permission from, or registration with, the Copyright Office is not required before placing a copyright notice on copies of the work or on phonorecords of a sound recording.  Moreover, for works first published on or after January 1, 1978, through February 28, 1989, omission of the required notice, or use of a defective notice, did not result in forfeiture or outright loss of copyright protection.  Certain omissions of, or defects in, the notice of copyright, however, could have led to loss of copyright protection if steps were not taken to correct or cure the omissions or defects.  The Copyright Office has issued a final regulation (37 CFR 201.20) that suggests various acceptable positions for the notice of copyright.  For further information, write to the Copyright Office and request Circular 3, “Copyright Notice”, and Circular 96, Section 201.20, “Methods of Affixation and Positions of the Copyright Notice on Various Types of Works.”

Works Already in the Public Domain

Neither the 1976 Copyright Act, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, nor the Sonny Bono Copyright Term Extension Act of 1998 will restore protection to works that fell into the public domain before the passage of the laws.  However, the North American Free Trade Agreement Implementation Act (NAFTA) and the Uruguay Round Agreements Act (URAA) may restore copyright in certain works of foreign origin that were in the public domain in the United States.  Under the copyright law in effect prior to January 1, 1978, copyright could be lost in several situations.  The most common were publication without the required notice of copyright, expiration of the first 28-year term without renewal, or final expiration of the second copyright term.  The Copyright Renewal Act of 1992 automatically renews first term copyrights secured between January 1, 1964, and December 31, 1977.