§ 403. — Notice of copyright: Publications incorporating United States Government works.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC403]
TITLE 17--COPYRIGHTS
CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
Sec. 403. Notice of copyright: Publications incorporating United
States Government works
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, Sec. 101, Oct. 19, 1976, 90 Stat. 2577; Pub.
L. 100-568, Sec. 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.
Amendments
1988--Pub. L. 100-568 amended section generally. Prior to amendment,
section read as follows: ``Whenever a work is published in copies or
phonorecords consisting preponderantly of one or more works of the
United States Government, the notice of copyright provided by sections
401 or 402 shall also include a statement identifying, either
affirmatively or negatively, those portions of the copies or
phonorecords embodying any work or works protected under this title.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause
of action arising under this title before such date being governed by
provisions in effect when cause of action arose, see section 13 of Pub.
L. 100-568, set out as a note under section 101 of this title.
Section Referred to in Other Sections
This section is referred to in sections 404, 405 of this title.
