Publication is an important concept in the copyright law for several reasons: 

  + Works that are published in the United States are subject to
    mandatory deposit with the Library of Congress.  See discussion on
    “Mandatory Deposit for Works Published in the United States.”

  + Publication of a work can affect the limitations on the exclusive
    rights of the copyright owner that are set forth in Title 17, Chap 1
    of the law.

  + The year of publication may determine the duration of copyright
    protection for anonymous and pseudonymous works (when the author’s
    identity is not revealed in the records of the Copyright Office) and
    for works made for hire.

  + Deposit requirements for registration of published works differ from
    those for registration of unpublished works.  See discussion on
    “Registration Procedures.”

  + When a work is published, it may bear a notice of copyright to
    identify the year of publication and the name of the copyright owner
    and to inform the public that the work is protected by copyright. 
    Copies of works published before March 1, 1989, must bear the notice
    or risk loss of copyright protection.  See discussion on “Notice of
    Copyright” below.

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NOTICE OF COPYRIGHT

The use of a copyright notice is no longer required under U. S. law, although it is often beneficial.  Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Notice was required under the 1976 Copyright Act.  This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989.  Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice.  For further information about copyright amendments in the URAA, request Circular 38 [http://www.loc.gov/copyright/circs/circ38b.pdf] .

The Copyright Office does not take a position on whether copies of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice.

Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication.  Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies 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 Title 17, Chap. 5, Sec. 504 of the copyright law.  Innocent infringement occurs when the infringer did not realize that the work was protected.