
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC402]

 
                          TITLE 17--COPYRIGHTS
 
         CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
 
Sec. 402. Notice of copyright: Phonorecords of sound recordings

    (a) General Provisions.--Whenever a sound recording protected under 
this title is published in the United States or elsewhere by authority 
of the copyright owner, a notice of copyright as provided by this 
section may be placed on publicly distributed phonorecords of the sound 
recording.
    (b) Form of Notice.--If a notice appears on the phonorecords, it 
shall consist of the following three elements:
        (1) the symbol P (the letter P in a circle); and
        (2) the year of first publication of the sound recording; and
        (3) the name of the owner of copyright in the sound recording, 
    or an abbreviation by which the name can be recognized, or a 
    generally known alternative designation of the owner; if the 
    producer of the sound recording is named on the phonorecord labels 
    or containers, and if no other name appears in conjunction with the 
    notice, the producer's name shall be considered a part of the 
    notice.

    (c) Position of Notice.--The notice shall be placed on the surface 
of the phonorecord, or on the phonorecord label or container, in such 
manner and location as to give reasonable notice of the claim of 
copyright.
    (d) Evidentiary Weight of Notice.--If a notice of copyright in the 
form and position specified by this section appears on the published 
phonorecord or phonorecords to which a defendant in a copyright 
infringement suit had access, then no weight shall be given to such a 
defendant's interposition of a defense based on innocent infringement in 
mitigation of actual or statutory damages, except as provided in the 
last sentence of section 504(c)(2).

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2577; Pub. 
L. 100-568, Sec. 7(b), Oct. 31, 1988, 102 Stat. 2857.)


                      Historical and Revision Notes

                        house report no. 94-1476

    A special notice requirement, applicable only to the subject matter 
of sound recordings, is established by section 402. Since the bill 
protects sound recordings as separate works, independent of protection 
for any literary or musical works embodied in them, there would be a 
likelihood of confusion if the same notice requirements applied to sound 
recordings and to the works they incorporate. Like the present law, 
therefore, section 402 thus sets forth requirements for a notice to 
appear on the ``phonorecords'' of ``sound recordings'' that are 
different from the notice requirements established by section 401 for 
the ``copies'' of all other types of copyrightable works. Since 
``phonorecords'' are not ``copies,'' there is no need to place a section 
401 notice on ``phonorecords'' to protect the literary or musical works 
embodied in the records.
    In general, the form of the notice specified by section 402(b) 
consists of the symbol ``P''; the year of first publication of the sound 
recording; and the name of the copyright owner or an admissible variant. 
Where the record producer's name appears on the record label, album, 
sleeve, jacket, or other container, it will be considered a part of the 
notice if no other name appears in conjunction with it. Under subsection 
(c), the notice for a copyrighted sound recording may be affixed to the 
surface, label, or container of the phonorecord ``in such manner and 
location as to give reasonable notice of the claim of copyright.''
    There are at least three reasons for prescribing use of the symbol 
``P'' rather than ``<Copyright>'' in the notice to appear on 
phonorecords of sound recordings. Aside from the need to avoid confusion 
between claims to copyright in the sound recording and in the musical or 
literary work embodied in it, there is also a necessity for 
distinguishing between copyright claims in the sound recording and in 
the printed text or art work appearing on the record label, album cover, 
liner notes, et cetera. The symbol ``<Copyright>'' has also been adopted 
as the international symbol for the protection of sound recordings by 
the ``Phonograms Convention'' (the Convention for the Protection of 
Producers of Phonograms Against Unauthorized Duplication of Their 
Phonograms, done at Geneva October 29, 1971), to which the United States 
is a party.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-568, Sec. 7(b)(1), (2), substituted 
``General provisions'' for ``General requirement'' in heading, and ``may 
be placed on'' for ``shall be placed on all'' in text.
    Subsec. (b). Pub. L. 100-568, Sec. 7(b)(3), substituted ``If a 
notice appears on the phonorecords, it'' for ``The notice appearing on 
the phonorecords''.
    Subsec. (d). Pub. L. 100-568, Sec. 7(b)(4), added subsec. (d).


                    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 403, 404, 405 of this title.
