Ch. 8
8.2.1
8.2.1
8-9
8.2.1
General requirement of copyright notice.(cont'd)
b.
Later publication in United States. To maintain copyright in a work first published abroad, it is essential that "each copy thereof published or offered for sale in the United States by authority of the copyright proprietor" bear the statutory copyright notice. (17 U.S.C. § 10.)
III.
Copyright Office policy.
a.
No retroactive effect. The Copyright Office's change in policy with respect to registration for works by foreign authors first published abroad without an acceptable copyright notice became effective on June 18, 1959, when new regu1ations (37 C.F.R § 202.2(a)(3))) were adopted. Works published on or after June 18, 1959 will be governed by the new policy; works published before that date will not be refused registration because the copyright notice was omitted or defective, but a warning letter will be sent.
b.
Deposit copies must bear notice. With the exception of works seeking ad interim registration, the copies of works deposited for registration following publication abroad after June 18, 1959 must bear a notice of copyright in the required form and position. How ever, in evaluating the acceptability of a notice appearing on a work first published abroad by a foreign author, the Copyright Office will apply liberal standards, in line with the policy underlying the U.C.C. and various
judicial decisions.c.
Notice acceptable at face value. When the copy or copies deposited for registration of a work first published abroad contain an acceptable notice, registration will be made on the assumption that all copies as first published bore the required notice. Except in the case specified in paragraph d, below, no question will be raised 8S to whether other copies have ever been published without notice under the authority of the copyright over, either in the United States or abroad.
d.
Previous publication indicated. Where information appearing 1n the application, copy or copies, or correspondence in connection with a work first published abroad clearly indicates that an earlier edition of the work has been published, registration for the present edition will be made only if it contains new matter which is described on the application. Where registration for the earlier edition is also desired, a copy (or copies) of that edition should be deposited. (See topic 5.2.2.I.h.)
