02C copyright notice: copyright symbol

Where to Look in the Law

1909 Act: §18 (applies as options for classes (f) to (k) only)
1947 Act: §19 (same limited application as above)
1976 Act: §401(b)(1) (the symbol ©, word “Copyright” or abbreviation “Copr.” is mandatory)

Copyright Office Publications for Laymen

“Since audio recordings such as audio tapes and phonograph disks are ‘phonorecords’ and not ‘copies,’ the ‘C in a circle’ notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.”  (Information Circular 3)

The United States is a member of the Universal Copyright Convention (the UCC), which came into force on September 16, 1955. To guarantee protection for a copyrighted work in all UCC member countries, the notice must consist of the symbol © (the word ‘Copyright’ or the abbreviation are not acceptable), the year of first publication, and the name of the copyright proprietor.  (Information Circular 3)

What the Courts Ruled

 

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Videotronics, Inc. vs Bend Electronics

USDC, D.Nevada (4-26-1984) ¤ 586 E.Supp. 478

Videotronics’s “Keno Keypad” game was infringed, as was its “Joker Poker,” which Bend infringed as “Triple Up Poker.”  “Joker Poker” was programmed to display a random appearance of its copyright notice.  Both games had a copyright notice where the “c” was inside a hexagon rather than a circle.  The “c” inside the hexagon was determined to be an acceptable copyright symbol but the notice appearing “randomly and infrequently” was deemed as not a compliance with the law.

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