What happens if the copyright notice is omitted?
Under current law, the omission of the copyright notice does not result in forfeiture of copyright protection. However, the Copyright Office recommends that the notice be used 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 allow a defendant to claim “innocent infringement”, that is, that he or she did not realize that the work is protected. (A successful innocent infringement claim may result in a reduction in damages that the copyright owner would otherwise receive.) Notice was required for works distributed before March 1, 1989, in order to secure copyright protection. However, with respect to copies and phonorecords distributed on or after January 1, 1978, and before March 1, 1989, the omission of the copyright notice does not invalidate the copyright in a work if: • the notice h
