Copyrights - 17 USC Section 403

01/19/04

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.

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.

Last modified: April 19, 2006