17 U.S.C. § 403 Notice of Copyright: Publications Incorporating United States Government Works

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
• Citation: 17 U.S.C. § 403

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.

Cite as 17 U.S.C. § 403

Source: 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.

Notes from the Office of Law Revision Counsel

current through 4/18/2023

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.