Website Law: The Legal Guide for Website Owners and Bloggers by Tom James

Author:Tom James [James, Tom]
Language: eng
Format: azw3
Publisher: Echion, LLC
Published: 2017-03-29T04:00:00+00:00

Copyright notice date earlier than publication date in works published before March 1, 1989

Usually, and subject to the exceptions noted above, failure to comply with requirements for the placement of a copyright notice on published copies would cause the work to enter the public domain. If the only error is that the date indicated in a copyright notice that has been placed on a published work is earlier than the actual date of publication, then the work does not enter the public domain as a result of the error. Instead, the term of copyright is deemed to begin in the copyright year indicated in the notice, not the year of actual publication.

A copyright notice that indicates a year later than the actual date of publication does not have this effect. In this situation, the actual year of publication marks the beginning of the copyright term.

A copyright notice containing a date that is more than a year after the actual date of publication is treated as a complete omission of a copyright notice. Subject to the exceptions noted above, such an omission would cause the work to enter the public domain.

Elimination of the notice requirement

For works first published on or after March 1, 1989, the copyright notice is optional. Publication without the copyright notice does not cause loss of copyright protection for any work first published on or after March 1, 1989.

Elimination of the notice requirement is not retroactive. With the exception of certain foreign works that may be restored from the public domain (See below), entry into the public domain is irrevocable.

Manufacturing requirement

Books, periodicals, lithographs and photoengravings published before July 1, 1986 were required to be manufactured in the United States in order to receive federal copyright protection. This requirement also applied to any illustrations contained in a book or periodical to which the requirement applied, to the extent the illustrations were produced by a photoengraving or lithographic process.

The manufacturing requirement did not apply to:

dramatic works;

lectures, sermons, addresses;

musical compositions;

maps;

any work not manufactured by typesetting, lithographic or photo-engraving process;

pictorial illustrations representing subjects that were located in a foreign country and that illustrate a scientific work or reproduce a work of art;

Braille books or periodicals;

foreign language book by a foreign author first published in a foreign country;

English language work published in a foreign country that qualifies for ad interim protection;

unpublished works.

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