Page:Compendium of US Copyright Office Practices, II (1984).pdf/248

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1000-16

1012
Publication incorporating united states Government works. 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 shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under title 17, united States Code. See 17 U.S.C. 403. The absence of the required statement is treated as an omission of notice. See 17 U.S.C. 405 and section 1008 of this chapter.
1013
Affixation and position of the copyright notice. The law states that the notice shall be affixed on publicly distributed copies and phonorecords in such manner and location as to give reasonable notice of the claim to copyright. 17 U.S.C. 401(c) and 402(c). The law directs the Register of Copy­rights to prescribe by regulation, as examples, specific methods of affixation and positions of the notice on various types of works that will satisfy this requirement as to copies. These specifications are not to be considered exhaustive. In all cases, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work, and affixed to the copies in such manner and position that it is not concealed from view upon reasonable examination.
1013.01
Copies. Where, in a particular case, a notice appears in a place on the work other than one of the precise locations prescribed by regula­tion for copies, but the Copyright Office con­siders that a person looking in one of those precise locations would be reasonably certain to find the notice, that notice will be acceptable.
1013.02
Phonorecords. For phonorecords of sound recordings, the law states that the notice must be placed on the surface of the phono­record, or on the phonorecord label or con­tainer, in such manner and location as to give reasonable notice of the claim to copyright. See 17 U.S.C. 402(c).
[1984]