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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Copyright Laws and Regulations

Regulations: Title 37, Chapters I (Subchapter C) and II, Code of Federal
Regulations


(Continuation)

37 C.F.R. � 201.20   Methods of affixation and positions of the copyright notice on various types of works.�

���     (a) General. (1) This section specifies examples of methods of affixation and positions of the copyright notice on various types of works that will satisfy the notice requirement of section 401(c) of Title 17 of the United States Code, as amended by Pub. L. 94-553. A notice considered �acceptable� under this regulation shall be considered to satisfy the requirement of that section that it be �affixed to the copies in such manner and location as to give reasonable notice of the claim of copyright.� As provided by that section, the examples specified in this regulation shall not be considered exhaustive of methods of affixation and positions giving reasonable notice of the claim of copyright.�

���     (2) The provisions of this section are applicable to copies publicly distributed on or after December 1, 1981. This section does not establish any rules concerning the form of the notice or the legal sufficiency of particular notices, except with respect to methods of affixation and positions of notice.�� The adequacy or legal sufficiency of a copyright notice is determined by the law in effect at the time of first publication of the work.�

���     (b) Definitions. For the purposes of this section: �

���     (1) The terms audiovisual works, collective works, copies, device, fixed, machine, motion picture, pictorial, graphic, and sculptural works, and their variant forms, have the meanings given to them in section 101 of Title 17.�

���     (2) Title 17 means Title 17 of the United States Code, as amended by Pub. L. 94-553.�

���     (3) In the case of a work consisting preponderantly of leaves on which the work is printed or otherwise reproduced on both sides, a �page� is one side of a leaf; where the preponderance of the leaves are printed on one side only, the terms �page� and �leaf� mean the same. �

���     (4) A work is published in book form if the copies embodying it consist of multiple leaves bound, fastened, or assembled in a predetermined order, as, for example, a volume, booklet, pamphlet, or multipage folder. For the purpose of this section, a work need not consist of textual matter in order to be considered published in �book form.�

���     (5) A title page is a page, or two consecutive pages facing each other, appearing at or near the front of the copies of a work published in book form, on which the complete title of the work is prominently stated and on which the names of the author or authors, the name of the publisher, the place of publication, or some combination of them, are given. �

���     (6) The meaning of the terms front, back, first, last, and following, when used in connection with works published in book form, will vary in relation to the physical form of the copies, depending upon the particular language in which the work is written.�

���     (7) In the case of a work published in book form with a hard or soft cover, the front page and back page of the copies are the outsides of the front and back covers; where there is no cover, the �front page,� and �back page� are the pages visible at the front and back of the copies before they are opened.�

���     (8) A masthead is a body of information appearing in approximately the same location in most issues of a newspaper, magazine, journal, review, or other periodical or serial, typically containing the title of the periodical or serial, information about the staff, periodicity of issues, operation, and subscription and editorial policies, of the publication. �

���     (9) A single-leaf work is a work published in copies consisting of a single leaf, including copies on which the work is printed or otherwise reproduced on either one side or on both sides of the leaf, and also folders which, without cutting or tearing the copies, can be opened out to form a single leaf. For the purpose of this section, a work need not consist of textual matter in order to be considered a �single-leaf work.� �

���     (c) Manner of affixation and position generally. (1) In all cases dealt with in this section, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work under normal conditions of use, and affixed to the copies in such manner and position that, when affixed, it is not concealed from view upon reasonable examination. �

���     (2) Where, in a particular case, a notice does not appear in one of the precise locations prescribed in this section but a person looking in one of those locations would be reasonably certain to find a notice in another somewhat different location, that notice will be acceptable under this section.�

���     (d) Works published in book form. In the case of works published in book form, a notice reproduced on the copies in any of the following positions is acceptable:�

���     (1) The title page, if any;�

���     (2) The page immediately following the title page, if any; �

���     (3) Either side of the front cover, if any; or, if there is no front cover, either side of the front leaf of the copies; �

���     (4) Either side of the back cover, if any; or, if there is no back cover, either side of the back leaf of the copies;

���     (5) The first page of the main body of the work; �

���     (6) The last page of the main body of the work; �

���     (7) Any page between the front page and the first page of the main body of the work, if: (i) There are no more than ten pages between the front page and the first page of the main body of the work; and (ii) the notice is reproduced prominently and is set apart from other matter on the page where it appears;�

���     (8) Any page between the last page of the main body of the work and back page, if: (i) There are no more than ten pages between the last page of the main body of the work and the back page; and (ii) the notice is reproduced prominently and is set apart from the other matter on the page where it appears.�

���     (9) In the case of a work published as an issue of a periodical or serial, in addition to any of the locations listed in paragraphs (d)(1) through (8) of this section, a notice is acceptable if it is located: (i) As a part of, or adjacent to, the masthead; (ii) on the page containing the masthead if the notice is reproduced prominently and is set apart from the other matter appearing on the page; or (iii) adjacent to a prominent heading, appearing at or near the front of the issue, containing the title of the periodical or serial and any combination of the volume and issue number and date of the issue.�

���     (10) In the case of a musical work, in addition to any of the locations listed in paragraphs (d)(1) through (9) of this section, a notice is acceptable if it is located on the first page of music. �

���     (e) Single-leaf works. In the case of single-leaf works, a notice reproduced on the copies anywhere on the front or back of the leaf is acceptable.�

���     (f) Contributions to collective works. For a separate contribution to a collective work to be considered to �bear its own notice of copyright,� as provided by 17 U.S.C. 404, a notice reproduced on the copies in any of the following positions is acceptable:�

���     (1) Where the separate contribution is reproduced on a single page, a notice is acceptable if it appears: (i) Under the title of the contribution on that page; (ii) adjacent to the contribution; or (iii) on the same page if, through format, wording, or both, the application of the notice to the particular contribution is made clear;�

���     (2) Where the separate contribution is reproduced on more than one page of the collective work, a notice is acceptable if it appears: (i) Under a title appearing at or near the beginning of the contribution; (ii) on the first page of the main body of the contribution; (iii) immediately following the end of the contribution; or (iv) on any of the pages where the contribution appears, if: (A) The contribution is reproduced on no more than twenty pages of the collective work; (B) the notice is reproduced prominently and is set apart from other matter on the page where it appears; and (C) through format, wording, or both, the application of the notice to the particular contribution is made clear;�

���     (3) Where the separate contribution is a musical work, in addition to any of the locations listed in paragraphs (f)(1) and (2) of this section, a notice is acceptable if it is located on the first page of music of the contribution;

���     (4) As an alternative to placing the notice on one of the pages where a separate contribution itself appears, the contribution is considered to �bear its own notice� if the notice appears clearly in juxtaposition with a separate listing of the contribution by title, or if the contribution is untitled, by a description reasonably identifying the contribution: (i) On the page bearing the copyright notice for the collective work as a whole, if any; or (ii) in a clearly identified and readily-accessible table of contents or listing of acknowledgements appearing near the front or back of the collective work as a whole.�

���      (g) Works reproduced in machine-readable copies. For works reproduced in machine-readable copies (such as magnetic tapes or disks, punched cards, or the like, from which the work cannot ordinarily be visually perceived except with the aid of a machine or device, n1 each of the following constitute examples of acceptable methods of affixation and position of notice:�

        (1) A notice embodied in the copies in machine-readable form in such a manner that on visually perceptible printouts it appears either with or near the title, or at the end of the work;�

���     (2) A notice that is displayed at the user's terminal at sign on;�

���     (3) A notice that is continuously on terminal display; or �

���     (4) A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copies. �

���     (h) Motion pictures and other audiovisual works. (1) The following constitute examples of acceptable methods of affixation and positions of the copyright notice on motion pictures and other audiovisual works: A notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear whenever the work is performed in its entirety, and that is located: (i) With or near the title; (ii) with the cast, credits, and similar information; (iii) at or immediately following the beginning of the work; or (iv) at or immediately preceding the end of the work.�

���     (2) In the case of an untitled motion picture or other audiovisual work whose duration is sixty seconds or less, in addition to any of the locations listed in paragraph (h)(1) of this section, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear to the projectionist or broadcaster when preparing the work for performance, is acceptable if it is located on the leader of the film or tape immediately preceding the beginning of the work.�

���     (3) In the case of a motion picture or other audiovisual work that is distributed to the public for private use, the notice may be affixed, in addition to the locations specified in paragraph (h)(1) of this section, on the housing or container, if it is a permanent receptacle for the work. �

���     (i) Pictorial, graphic, and sculptural works. The following constitute examples of acceptable methods of affixation and positions of the copyright notice on various forms of pictorial, graphic, and sculptural works:�

���     (1) Where a work is reproduced in two-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, of the front or back of the copies, or to any backing, mounting, matting, framing, or other material to which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. �

���     (2) Where a work is reproduced in three-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, to any visible portion of the work, or to any base, mounting, framing, or other material on which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable.�

���     (3) Where, because of the size or physical characteristics of the material in which the work is reproduced in copies, it is impossible or extremely impracticable to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag that is of durable material, so as to withstand normal use, and that is attached to the copy with sufficient durability that it will remain with the copy while it is passing through its normal channels of commerce. �

���     (4) Where a work is reproduced in copies consisting of sheet-like or strip material bearing multiple or continuous reproductions of the work, the notice may be applied: (i) To the reproduction itself; (ii) to the margin, selvage, or reverse side of the material at frequent and regular intervals; or (iii) if the material contains neither a selvage nor a reverse side, to tags or labels, attached to the copies and to any spools, reels, or containers housing them in such a way that a notice is visible while the copies are passing through their normal channels of commerce. �

���     (5) If the work is permanently housed in a container, such as a game or puzzle box, a notice reproduced on the permanent container is acceptable.�

���     (17 U.S.C. 401, 702)�

[46 FR 58312, Dec. 1, 1981] �

37 C.F.R. � 201.21   [Reserved] �

37 C.F.R. � 201.22   Advance notices of potential infringement of works consisting of sounds, images, or both.�

���     (a) Definitions. (1) An Advance Notice of Potential Infringement is a notice which, if served in accordance with section 411(b) of Title 17 of the United States Code, and in accordance with the provisions of this section, enables a copyright owner to institute an action for copyright infringement either before or after the first fixation of a work consisting of sounds, images, or both that is first fixed simultaneously with its transmission, and to enjoy the full remedies of said Title 17 for copyright infringement, provided registration for the work is made within three months after its first transmission.�

���     (2) For purposes of this section, the copyright owner of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, is the person or entity that will be considered the author of the work upon its fixation (including, in the case of a work made for hire, the employer or other person or entity for whom the work was prepared), or a person or organization that has obtained ownership of an exclusive right, initially owned by the person or entity that will be considered the author of the work upon its fixation. �

���     (3) A transmission program is a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit.�

���     (b) Form. The Copyright Office does not provide printed forms for the use of persons serving Advance Notices of Potential Infringement. �

���     (c) Contents. (1) An Advance Notice of Potential Infringement shall be clearly and prominently captioned �ADVANCE NOTICE OF POTENTIAL INFRINGEMENT� and must clearly state that the copyright owner objects to the relevant activities of the person responsible for the potential infringement, and must include all of the following:�

���     (i) Reference to Title 17 U.S.C. section 411(b) as the statutory authority on which the Advance Notice of Potential Infringement is based;�

���     (ii) The date, specific time, and expected duration of the intended first transmission of the work or works contained in the specific transmission program;

���     (iii) The source of the intended first transmission of the work or works;�

���     (iv) Clear identification, by title, of the work or works. A single Advance Notice of Potential Infringement may cover all of the works of the copyright owner embodied in a specific transmission program. If any work is untitled, the Advance Notice of Potential Infringement shall include a detailed description of that work;�

���     (v) The name of at least one person or entity that will be considered the author of the work upon its fixation;�

���     (vi) The identity of the copyright owner, as defined in paragraph (a)(2) of this section.� If the copyright owner is not the person or entity that will be considered the author of the work upon its fixation, the Advance Notice of Potential Infringement also shall include a brief, general statement summarizing the means by which the copyright owner obtained ownership of the copyright and the particular rights that are owned; and�

���     (vii) A description of the relevant activities of the person responsible for the potential infringement which would, if carried out, result in an infringement of the copyright.�

���     (2) An Advance Notice of Potential Infringement must also include clear and prominent statements:�

���     (i) Explaining that the relevant activities may, if carried out, subject the person responsible to liability for copyright infringement; and�

���     (ii) Declaring that the copyright owner intends to secure copyright in the work upon its fixation.�

���     (d) Signature and identification. (1) An Advance Notice of Potential Infringement shall be in writing and signed by the copyright owner, or such owner's duly authorized agent.�

���     (2) The signature of the owner or agent shall be an actual handwritten signature of an individual, accompanied by the date of signature and the full name, address, and telephone number of that person, typewritten or printed legibly by hand.�

���     (3) If an Advance Notice of Potential Infringement is initially served in the form of a telegram or similar communication, as provided by paragraph (e)(2)(iii) of this section, the requirement for an individual's handwritten signature shall be considered waived if the further conditions of said paragraph (e) are met.�

���     (e) Service. (1) An Advance Notice of Potential Infringement shall be served on the person responsible for the potential infringement at least ten days but not more than thirty days before the first fixation and simultaneous transmission of the work as provided by 17 U.S.C. 411(b)(1). �

���     (2) Service of the Advance Notice may be effected by any of the following methods:

���     (i) Personal service;�

���     (ii) First-class mail; or�

���     (iii) Telegram, cablegram, or similar form of communication, if: (A) The Advance Notice meets all of the other conditions provided by this section; and (B) before the first fixation and simultaneous transmission take place, the person responsible for the potential infringement receives written confirmation of the Advance Notice, bearing the actual handwritten signature of the copyright owner or duly authorized agent.�

���     (3) The date of service is the date the Advance Notice of Potential Infringement is received by the person responsible for the potential infringement or by any agent or employee of that person. �

���     (17 U.S.C. 411, 702)�

37 C.F.R. � 201.23   Transfer of unpublished copyright deposits to the Library of Congress.

���     (a) General. This section prescribes rules governing the transfer of unpublished copyright deposits in the custody of the Copyright Office to the Library of Congress. The copyright deposits may consist of copies, phonorecords, or identifying material deposited in connection with registration of claims to copyright under section 408 of Title 17 of the United States Code, as amended by Pub. L. 94-553, 90 Stat. 2541, effective January 1, 1978. These rules establish the conditions under which the Library of Congress is entitled to select deposits of unpublished works for its collections or for permanent transfer to the National Archives of the United States or to a Federal records center in accordance with section 704(b) of Title 17 of the United States Code, as amended by Pub. L. 94-553. �

���     (b) Selection by the Library of Congress. The Library of Congress may select any deposits of unpublished works for the purposes stated in paragraph (a) of this section at the time of registration or at any time thereafter; Provided, That:�

���     (1) A facsimile reproduction of the entire copyrightable content of the deposit shall be made a part of the Copyright Office records before transfer to the Library of Congress as provided by section 704(c) of Title 17 of the United States Code, as amended by Pub. L. 94-553, unless, within the discretion of the Register of Copyrights, it is considered impractical or too expensive to make the reproduction; �

���     (2) All unpublished copyright deposits retained by the Library of Congress in its collections shall be maintained under the control of the Library of Congress with appropriate safeguards against unauthorized copying or other unauthorized use of the deposits which would be contrary to the rights of the copyright owner in the work under Title 17 of the United States Code, as amended by Pub. L. 94-553; and�

���     (3) At the time selection is made a request for full term retention of the deposit under the control of the Copyright Office has not been granted by the Register of Copyrights, in accordance with section 704(e) of Title 17 of the United States Code, as amended by Pub. L. 94-553. �

    (17 U.S.C. 702, 704)

[45 FR 41414, June 19, 1980] �

37 C.F.R. � 201.24   Warning of copyright for software lending by nonprofit libraries. �

���     (a) Definition. A Warning of Copyright for Software Rental is a notice under paragraph (b)(2)(A) of section 109 of the Copyright Act, title 17 of the United States Code, as amended by the Computer Software Rental Amendments Act of 1990, Public Law 101-650. As required by that paragraph, the �Warning of Copyright for Software Rental� shall be affixed to the packaging that contains the computer program which is lent by a nonprofit library for nonprofit purposes.�

���     (b) Contents. A Warning of Copyright for Software Rental shall consist of a verbatim reproduction of the following notice, printed in such size and form and affixed in such manner as to comply with paragraph (c) of this section.�

���     Notice: Warning of Copyright Restrictions �

���     The copyright law of the United States (Title 17, United States Code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material.�

���     Under certain conditions specified in law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes an unauthorized copy or adaptation of the computer program, or redistributes the loan copy, or publicly performs or displays the computer program, except as permitted by title 17 of the United States Code, may be liable for copyright infringement.�

���     This institution reserves the right to refuse to fulfill a loan request if, in its judgement, fulfillment of the request would lead to violation of the copyright law.�

���     (c) Form and manner of use. A Warning of Copyright for Software Rental shall be affixed to the packaging that contains the copy of the computer program, which is the subject of a library loan to patrons, by means of a label cemented, gummed, or otherwise durably attached to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copy of the computer program.���������� The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual user of the computer program.�

[56 FR 7812, Feb. 26, 1991]

37 C.F.R. � 201.25   Visual Arts Registry.�

���     (a) General. This section prescribes the procedures relating to the submission of Visual Arts Registry Statements by visual artists and owners of buildings, or their duly authorized representatives, for recordation in the Copyright Office under section 113(d)(3) of Title 17 of the United States Code, as amended by Public Law 101-650, effective June 1, 1991. � Statements recorded in the Copyright Office under this regulation will establish a public record of information relevant to an artist's integrity right to prevent destruction or injury to works of visual art incorporated in or made part of a building. �

���     (b) Forms. The Copyright Office does not provide forms for the use of persons recording statements regarding works of visual art that have been incorporated in or made part of a building. �

���     (c) Recordable statements--(1) General. Any statement designated as a �Visual Arts Regulatory Statement� and which pertains to a work of visual art that has been incorporated in or made part of a building may be recorded in the Copyright Office provided the statement is accompanied by the fee for recordation of documents specified in section 708(a)(4) of title 17 of the United States Code. Upon their submission, the statements and an accompanying documentation or photographs become the property of the United States Government and will not be returned.� Photocopies are acceptable if they are clear and legible. � Information contained in the Visual Arts Registry Statement should be as complete as possible since the information may affect the enforceability of valuable rights under the copyright law. Visual Arts Registry Statements which are illegible or fall outside of the scope of section 113(d)(3) of title 17 may be refused recordation by the Copyright Office.�

���     (2) Statements by artists. Statements by artists regarding a work of visual art incorporated or made part of a building should be filed in a document containing the head: �Registry of Visual Art Incorporated in a Building--Artist's Statement.�� The statement should contain the following information: �

���     (i) Identification of the artist, including name, current address, age, and telephone number, if publicly listed. �

���     (ii) Identification of the work or works, including the title, dimensions, and physical description of the work and the copyright registration number, if known. Additionally, it is recommended that one or more 8 x 10 photographs of the work on good quality photographic paper be included in the submission; the images should be clear and in focus. �

���     (iii) Identification of the building, including its name and address.� This identification may additionally include 8 x 10 photographs of the building and the location of the artist's work in the building.�

���     (iv) Identification of the owner of the building, if known.�

���     (3) Statements by the owner of the building. � Statements of owners of a building which incorporates a work of visual art should be filed in a document containing the heading: �Registry of Visual Art Incorporated in a Building--Building Owner's Statement.�� The statement should contain the following information:�

���     (i) Identification of the ownership of the building, the name of a person who represents the owner, and a telephone number, if publicly listed.�

���     (ii) Identification of the building, including the building's name and address.� This identification may additionally include 8 x 10 photographs of the building and of the works of visual art which are incorporated in the building. �

���     (iii) Identification of the work or works of visual art incorporated in the building, including the works' title(s), if known, and the dimensions and physical description of the work(s). This identification may include one or more 8 x 10 photographs of the work(s) on high quality photographic paper; the images should be clear and in focus. �

���     (iv) Identification of the artist(s) who have works incorporated in the building, including the current address of each artist, if known.�

���     (v) Photocopy of contracts, if any, between the artist and owners of the building regarding the rights of attribution and integrity. �

���     (vi) Statement as to the measures taken by the owner to notify the artist(s) of the removal or pending removal of the work of visual art, and photocopies of any accompanying documents.�

���     (4) Updating statements. Either the artist or owner of the building or both may record statements updating previously recorded information by submitting an updated statement and paying the recording fee specified in paragraph (d) of this section. Such statements should repeat the information disclosed in the previous filing as regarding the name of the artist(s), the name of the work(s) of visual art, the name and address of the building, and the name of the owner(s) of the building. The remaining portion of the statement should correct or supplement the information disclosed in the previously recorded statement.�

���     (d) Fee. For a statement covering no more than one title, the basic recording fee is $20. An additional charge of $10.00 is made for each group of not more than 10 titles.� For these purposes the term �title� refers to an identification of the work of visual art which is covered by the statement.�

���     (e) Date of recordation. The date of recordation is the date when all of the elements required for recordation, including the prescribed fee have been received in the Copyright Office.� After recordation of the statement, the sender will receive a certificate of record from the Copyright Office. � Any documentation or photographs accompanying any submission will be retained and filed by the Copyright Office. They may also be transferred to the Library of Congress, or destroyed after preparing suitable copies, in accordance with usual procedures.�

���     (f) The Copyright Office will record statements in the Visual Arts Registry without examination or verification of the accuracy or completeness of the statement, if the statement is designated as a �Visual Arts Registry Statement� and pertains to a work of visual art incorporated in or made part of a building.� Recordation of the statement and payment of the recording fee shall establish only the fact of recordation in the official record.� Acceptance for recordation shall not be considered a determination that the statement is accurate, complete, and otherwise in compliance with section 113(d), title 17, U.S. Code.� The accuracy and completeness of the statement is the responsibility of the artist or building owner who submits it for recordation. Artists and building owners are encouraged to submit accurate and complete statements. � Omission of any information, however, shall not itself invalidate the recordation, unless a court of competent jurisdiction finds the statement is materially deficient and fails to meet the minimum requirements of section 113(d) of title 17, U.S. Code. �

[56 FR 38341, Aug. 13, 1991] �

n1 Works published in a form requiring the use of a machine or device for purposes of optical enlargement (such as film, filmstrips, slide films, and works published in any variety of microform) and works published in visually perceptible form but used in connection with optical scanning devices, are not within this category.

Continuation: 37 C.F.R. � 201.26   Recordation of documents pertaining to computer shareware and donation of public domain computer software.