Re: Copyright notices

jjordan@alston.com
Fri, 14 Jun 1996 16:19:34 -0400 (EDT) 

Date: Fri, 14 Jun 1996 16:19:34 -0400 (EDT)
Message-Id: <199606142019.QAA01563@foyer.homecom.com>
From: jjordan@alston.com
Subject: Re: Copyright notices

     I wrote:
     >While use of a copyright notice is not required for works first 
     >published on and after March 1, 1989, it is my understanding that any 
     >work first published before that date (and being reposted now) must 
     >bear a notice or risk loss of copyright protection.
          After reviewing 17 U.S.C. sec 405(a) and discussing it with a 
     colleague, I recant the second half of this statement.  A lack of 
     copyright notice invalidates copyright only for "copies and 
     phonorecords publicly distributed by authority of the copyright owner 
     before the effective date of the Berne Convention Implementation Act 
     of 1988 [March 1, 1989]." (And there are certain enumerated exceptions 
     even then).  While the statute is not a model of clarity, it appears 
     that even if the work was published *first* before 3-1-89, there is 
     not a notice requirement for publications of the same work *after* 
     3-1-89. 
          However, I stand by the statement that copyright notices are not 
     a total waste of ink or electrons, because the statute still provides 
     for for optional notice, and as a copyright infringement plaintiff it 
     is very useful to point out to the judge and jury that the defendant 
     (who will be arguing waiver, estoppel and innocence) had express 
     written notice of your claim of copyright before infringing it. 
     ___________________________________________________________________
     Copyright 1996 Jim Jordan (jjordan@alston.com)
     The copyright owner consents to the archiving and retransmission of 
     this message to others at no charge so long as it is not shortened or 
     edited, and includes this copyright notice and disclaimer.  The 
     author's comments regarding legal issues are not warranted, are not 
     intended as legal advice for any specific set of facts, and do not 
     reflect subtle differences in the facts or subsequent changes in the 
     law which may be encountered by the reader and which may change the 
     results.  The author is licensed to practice law in the U.S. Patent 
     and Trademark Office and the State of Georgia only. 
      
         



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