A notice embodied in the copies by a photomechanical
or electronic
process so that it ordinarily would appear whenever
the work is
performed in its entirety may be located:
+ With or near the title
+ With the cast, credits, and similar
information
+ At or immediately following the beginning
of the work
+ At or immediately preceding the end
of the work The notice on works
lasting 60 seconds or less,
such as untitled motion pictures or
other audiovisual works, may
be located:
+ In all the locations specified above
for longer motion pictures; and
+ If the notice is embodied electronically
or photo-mechanically, on
the leader of the film or
tape immediately preceding the work. For
audiovisual works or motion
pictures distributed to the public for
private use, the locations
include the above, and in addition:
+ On the permanent housing or container
Pictorial, Graphic, and Sculptural Works
For works embodied in two-dimensional copies, a notice
may be affixed
directly, durably, and permanently to:
+ The front or back of the copies;
+ Any backing, mounting, framing, or other
material to which the
copies are durably attached,
so as to withstand normal use. For
works reproduced in three-dimensional
copies, a notice may be
affixed directly, durably,
and permanently to:
+ Any visible portion of the work;
+ Any base, mounting, or framing or other
material on which the copies
are durably attached.
For works on which it is impractical to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag or durable label attached to the copy so that it will remain with it as it passes through commerce.
For works reproduced in copies consisting of sheet-like
or strip
material bearing multiple or continuous reproductions
of the work, such
as fabrics or wallpaper, the notice may be applied:
+ To the reproduction itself;
+ To the margin, selvage, or reverse side
of the material at frequent
and regular intervals; or
+ If the material contains neither a selvage
nor reverse side, to tags
or labels attached to the
copies and to any spools, reels, or
containers housing them in
such a way that the notice is visible in
commerce.
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----------------- OMISSION OF NOTICE AND ERRORS IN NOTICE ---------------------------------------
The 1976 Copyright Act attempted to ameliorate the strict consequences of failure to include notice under prior law. It contained provisions that set out specific corrective steps to cure omissions or errors in notice. Under these provisions, an applicant had 5 years after publication to cure omission of notice or certain errors. Although these provisions are technically still in the law, their impact has been limited by the Berne amendment making notice optional for all works published on and after March 1, 1989. There may still be instances, such as the defense of innocent infringement, where the question of proper notice may be a factor in assessing damages in infringement actions.