§ 403. Notice of copyright: Publications incorporating United States Government works

395 words·~2 min read·/usc/title-17/section-403

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Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title.

(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2577; Pub. L. 100–568, § 7(c), Oct. 31, 1988, 102 Stat. 2858.)

Historical and Revision Notes

house report no. 94–1476

Section 403 is aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work is published or republished commercially, it has frequently been the practice to add some “new matter” in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use.

To make the notice meaningful rather than misleading, section 403 requires that, when the copies or phonorecords consist “preponderantly of one or more works of the United States Government,” the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice, subject to the provisions of section 405.

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Public Law 94–553
For the general revision of the Copyright Law, title 17 of the United States Code, and for other purposes

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U.S. Code

Definitions
§ 101

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Pub. L. 94–553, title I, § 101
90 Stat. 2577
Pub. L. 100–568, § 7(c)
102 Stat. 2858
Pub. L. 100–568
section 13 of Pub. L. 100–568

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cites case law

§ 403

Notice of copyright: Publications incorporating United States Government works

Stat.×1

U.S.C.§ 101

Pub. L.Pub. L. 94–553, title I, § 101

Stat.90 Stat. 2577

Pub. L.Pub. L. 100–568, § 7(c)

Stat.102 Stat. 2858

Pub. L.Pub. L. 100–568

Cites 7 · showing 6Cited by 1 across 1 source