Material contained on this website was created, authored and/or
prepared for the sole use of the WPJA. Reproduction or use, either
commercial or otherwise, of intellectual property contained on
or in the WPJA website is strictly prohibited. Intellectual property
is defined as, but is not limited to, all photography, images,
information and content, written or otherwise.
All photographs on the WPJA website are offered for information
purpose only as a collective work and are the property of the
respective contributors protected by both the WPJA and its contributing
owner. Reproduction or use is defined as downloading, copying,
distributing, posting, adapting, adopting, capitalizing on, reselling,
manipulating, or utilizing any intellectual property in any way
(including chat board or forum posts). Source acknowledgement
does not constitute authorization. Use of images, materials and/or
intellectual property for press or public use must accompany written
consent from both the WPJA and its stated owner. Copyright infringement
is punishable by law and is strictly enforced.
INTRODUCTION TO COPYRIGHT LAW FOR PHOTOGRAPHY
The use of a copyright notice is no longer required under U.S. law,
although it is often beneficial. Because prior law did contain such
a requirement, however, the use of notice is still relevant to the
copyright status of older works. This circular discusses both the
copyright notice provisions as originally enacted in the 1976 Copyright
Act (title 17, U.S. Code), which took effect January 1, 1978, and
the effect of the 1988 Berne Convention Implementation Act, which
amended the copyright law to make the use of a copyright notice
optional on copies of works published on and after March 1, 1989.
Specifications for the proper form and placement of the notice are
described in this circular. Works published before January 1, 1978,
are governed by the previous copyright law. Under that law, if a
work was published under the copyright owner’s authority without
a proper notice of copyright, all copyright protection for that
work was permanently lost in the United States. The Uruguay Round
Agreements Act of 1994 (URAA) (PL 103-465) modified the effect of
publication without notice for certain foreign works. Under this
Act, copyright is automatically restored, effective January 1, 1996,
for certain foreign works placed into the public domain because
of lack of proper notice or noncompliance with other legal requirements.
Although restoration is automatic, if the copyright owner wishes
to enforce rights against reliance parties (those who, relying on
the public domain status of a work, were already using the work
before the URAA was enacted), he/she must either file with the Copyright
Office a Notice of Intent to Enforce the restored copyright or serve
such a notice on the reliance party. For more information about
the copyright notice under the law in effect before January 1, 1978,
request Circular 96 Section 202.2, “Copyright Notice,”
from the Copyright Office. For more information about restoration
of copyright under the URAA, request Circular 38b, “Highlights
of Copyright Amendments Contained in the Uruguay Round Agreements
Act (URAA).”
USE OF THE COPYRIGHT NOTICE FOR PHOTOGRAPHY
Copyright is a form of protection provided by the laws of the United
States to authors of “original works of authorship.” When
a work is published under the authority of the copyright owner (see
definition of “publication” below), a notice of copyright
may be placed on all publicly distributed copies or phonorecords.
The use of the notice is the responsibility of the copyright owner
and does not require permission from, or registration with, the
Copyright Office. Use of the notice may be important because it
informs the public that the work is protected by copyright, identifies
the copyright owner, and shows the year of first publication. Furthermore,
in the event that a work is infringed, if the work carries a proper
notice, the court will not give any weight to a defendant’s
interposition of an innocent infringement defense—that is,
that he or she did not realize that the work was protected. An innocent
infringement defense may result in a reduction in damages that the
copyright owner would otherwise receive. For works first published
on and after March 1, 1989, use of the copyright notice is optional.
Before March 1, 1989, the use of the notice was mandatory on all
published works. Omitting the notice on any work first published
before that date could result in the loss of copyright protection
if corrective steps are not taken within a certain amount of time.
The curative steps are described in this circular under “Omission
of Notice and Errors in Notice.” The Copyright Office does
not take a position on whether reprints of works first published
with notice before March 1, 1989, which are distributed on or after
March 1, 1989, must bear the copyright notice.
WHAT IS PUBLICATION?
The 1976 Copyright Act defines publication as “the distribution
of copies or phonorecords of a work to the public by sale or other
transfer of ownership, or by rental, lease, or lending.” An
offering to distribute copies or phonorecords to a group of persons
for purposes of further distribution, public performance, or public
display also constitutes publication. The following do not constitute
publication: printing or other reproduction of copies, performing
or displaying a work publicly, or sending copies to the Copyright
Office.
COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKS
Information via the Internet: Frequently requested circulars, announcements,
regulations, other related materials, and all copyright application
forms are available via the Internet. You may access these via the
Copyright Office homepage at www.loc.gov/copyright. Information
by Fax: Circulars and other information (but not application forms)
are available from Fax-on-Demand at (202) 707-2600.
Information by telephone: For information about copyright, call
the Public Information Office at (202) 707-3000. The TTY number
is (202) 707-6737.
Information specialists are on duty in the Public Information Office
from 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday,
except federal holidays. Recorded information is available 24 hours
a day. Or, if you know which application forms and circulars you
want, request them from the Forms and Publications Hotline at (202)
707-9100 24 hours a day. Leave a recorded message. Information by
regular mail: Write to:
Library of Congress
Copyright Office
Public Information Office
101 Independence Avenue,
S.E. Washington, D.C. 20559-6000
The Terms Of Use presented on the WPJA.com site are governed in accordance with the statutes and laws of the state of Connecticut of the United States of America. Any and all legal
action (including court proceedings, claims, hearings, trials or other litigation) taken by or on behalf of the WPJA shall be held in state or federal courts located in the state of
Connecticut. You hereby consent to the jurisdiction of such venues without regard to your actual state, province, region or country of residence.
Home
Copyright Information
