U.S. law no longer requires the use of a copyright notice, although it is often
beneficial. Prior law did, however, contain such a requirement, and the use
of a notice is still relevant to the copyright status of older works. This circular
describes the copyright notice provisions 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 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 included.
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. For more information about
the law governing copyright notice before January 1, 1978, see 37 C.F.R. 202.2,