2010 US Code
Title 17 - COPYRIGHTS
CHAPTER 4 - COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
Sec. 403 - Notice of copyright: Publications incorporating United States Government works
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 4 - COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION Sec. 403 - Notice of copyright: Publications incorporating United States Government works |
Contains | section 403 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 94-553, title I, §101, Oct. 19, 1976, 90 Stat. 2577; Pub. L. 100-568, §7(c), Oct. 31, 1988, 102 Stat. 2858. |
Statutes at Large References | 90 Stat. 2577 102 Stat. 2858 |
Public Law References | Public Law 94-553, Public Law 100-568 |
§403. Notice of copyright: Publications incorporating United States Government works
Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title.
(Pub. L. 94–553, title I, §101, Oct. 19, 1976, 90 Stat. 2577; Pub. L. 100–568, §7(c), Oct. 31, 1988, 102 Stat. 2858.)
Historical and Revision Notes house report no. 94–1476Section 403 is aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work is published or republished commercially, it has frequently been the practice to add some “new matter” in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use.
To make the notice meaningful rather than misleading, section 403 requires that, when the copies or phonorecords consist “preponderantly of one or more works of the United States Government,” the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice, subject to the provisions of section 405.
Amendments1988—Pub. L. 100–568 amended section generally. Prior to amendment, section read as follows: “Whenever a work is published in copies or phonorecords consisting preponderantly of one or more works of the United States Government, the notice of copyright provided by sections 401 or 402 shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title.”
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as a note under section 101 of this title.
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