Copyright Notice 3
• The work was registered before or within five years after the publication without notice and
a reasonable effort was made to add notice to all copies or phonorecords distributed in the
United States after the omission was discovered;
• The omission violated an express written agreement to include proper notice as a condition of
public distribution of copies or phonorecords; or,
• The notice was removed from the copies or phonorecords without the authorization of the
copyright owner.
When Notice Is Optional
Copyright notice is optional for unpublished works, foreign works, or works published on or after
March 1, 1989. When notice is optional, copyright owners can use any form of notice they wish. How-
ever, works first published after March 1, 1989, may need to comply with statutory formalities to pre-
vent a defendant from invoking an innocent infringement defense in a copyright infringement action.
Unpublished Works
A copyright notice has never been required for unpublished works. The Copyright Office will
register an unpublished work that does not bear a notice, regardless of whether the work was cre-
ated before or after March 1, 1989. Nonetheless, because the dividing line between a preliminary
distribution and actual publication is sometimes difficult to determine, copyright owners may want
to place copyright notices on copies or phonorecords that leave their control to indicate that rights
are claimed in a work. For example, an appropriate notice for an unpublished work is “Unpublished
Letters of John Doe © 2017 John Doe,” where 2017 refers to the year the work was created.
Foreign Works and the Uruguay Round Agreements Act
For certain foreign works, the Uruguay Round Agreements Act (URAA) of 1994 modifies the effect
of publication without notice. The URAA restored copyrights for foreign works that lost copyright
protection in the United States for failure to comply with notice requirements prior to March 1, 1989.
They include (a) works created by an author who, at the time of the work’s creation, was a citizen of,
or domiciled in, a country that had entered into a copyright treaty with the United States, and (b)
works first published, or sound recordings first fixed, in a country that had entered into a copyright
treaty with the United States. Although restoration is automatic in eligible works, the URAA directs
the owner of a restored work to notify reliance parties if the owner plans to enforce his or her rights
in the work.
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For more information, see Copyright Restoration Under the URAA (Circular 38B).
Advantages to Using a Copyright Notice
Although notice is optional for unpublished works, foreign works, or works published on or after
March 1, 1989, using a copyright notice carries the following benefits:
• Notice makes potential users aware that copyright is claimed in the work.
• In the case of a published work, a notice may prevent a defendant in a copyright infringement
action from attempting to limit his or her liability for damages or injunctive relief based on an
innocent infringement defense.