17-U.S.C.-403

17-U.S.C.-403

§403 – Notice of Copyright: Publications Incorporating United States Government Works

Pathway

Title 17 > Chapter 4 > Section 403

Details

  • Reference: Section 403
  • Legend: §403 – Notice of Copyright: Publications Incorporating United States Government Works
  • USCode Year: 2013

Provision Content

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. 94–1476

Section 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.

Amendments

1988—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 Amendment

Amendment 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.

U.S. Encyclopedia of Law Coverage

17-U.S.C.-201 in the Legal Encyclopedia: Copyrights

In this entry about 17-U.S.C.-201, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.

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