1000-13
1008
Omission of copyright notice. Where the notice is omitted from more than a relatively small number of copies or phonorecords distributed by authority of the copyright owner, and registration is being made within five years of the date of publication without notice, the Copyright Office may warn that the law requires, in addition to registration, that a reasonable effort must be made to add the notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered. See 17 U.S.C. 405(a).
1008.01
Registration. Registration is not possible for works published without notice or with a fatally deficient notice by authority of the copyright owner, if more than five years have elapsed since such publication. There are, however two exceptions to this general rule: 1) where the notice has been omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or 2) where the notice has been omitted in violation of an express requirement in writing that, as a condition of the copyright owner's authorization of the public distribution of copies or phonorecords, they contain the prescribed copyright notice. In these two instances, there is no need for registration to correct the omission. Registration in these cases may be made at any time during the subsistence of the copyright. See 17 U.S.C. 405(a).
1009
Error in name. Where the person named in the copyright notice on copies or phonorecords publicly distributed by authority of the copyright owner is not the owner of copyright, the validity and ownership of the copyright are not affected. See 17 U.S.C. 406(a). In such cases, therefore, registration can be made for the work at any time during the subsistence of the copyright, naming as claimant the owner of copyright at the time of registration. See 37 C.F.R. 202.03(a)(ii), and section 1007.01 of this chapter.
[1984]
