Caveats
The
documents published prior to March 1, 1989 by James Ausie
Carpenter and contributing subscribers have been carefully reviewed for
any form or fashion of copyright marking or claim. The subject
documents consist of thirty nine issues of "The Carpenter and Related
Family Historical Papers" published beytweem March 1, 1977 and
December, 1980 and twenty seven issues of "The Carpenter and Related
Family Historical Journals published between march, 1981 and December
31, 1988 If anyone reviewing or reading these documents detects
such a claim or declaration, please contact me personally so the
digital images of these materials may be removed from circulation
immediately. Title 17 of the United States Code is construed as
placing works published and unmarked prior to March 1, 1989 in
public domain. The author of this derivative work has used
personal copies of these publications for the basis of the scanned
digital images contained in this work.
The copyrighted works of others are cited with notice where
applicable. The use of software works is believed to be within
the conditions stipulated by the authors.
Chapter 4 § 401. Notice of
copyright: Visually perceptible copies1
(a)
General
Provisions. — Whenever a
work 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 copies
from which the work can be visually perceived, either directly or with
the aid of a machine or device.
(b)
Form of Notice. — If a notice appears on
the copies, it shall consist of the following three elements:
(1)
the symbol © (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and
(2)
the year of first publication of the work; in the case of compilations
or derivative works incorporating previously published material, the
year date of first publication of the compilation or derivative work is
sufficient. The year date may be omitted where a pictorial, graphic, or
sculptural work, with accompanying text matter, if any, is reproduced
in or on greeting cards, postcards, stationery, jewelry, dolls, toys,
or any useful articles; and
(3)
the name of the owner of copyright in the work, or an abbreviation by
which the name can be recognized, or a generally known alternative
designation of the owner.
(c)
Position of Notice. — The notice shall
be affixed to the copies in such manner and location as to give
reasonable notice of the claim of copyright. The Register of Copyrights
shall prescribe by regulation, as examples, specific methods of
affixation and positions of the notice on various types of works that
will satisfy this requirement, but these specifications shall not be
considered exhaustive.
(d)
Evidentiary Weight of Notice. — If a
notice of copyright in the form and position specified by this section
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 the last sentence of section
504(c)(2).
The Berne
Convention Implementation Act of 1988 amended section 401
as follows: 1) in subsection (a), by changing the heading to "General
Provisions" and by inserting "may be placed on" in lieu of "shall be
placed on all"; 2) in subsection (b), by inserting "If a notice appears
on the copies, it" in lieu of "The notice appearing on the copies"; and
3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.
Appendix II
& Endnotes
1. Appendix II consists of
provisions of the Berne Convention Implementation Act of 1988,
Pub. L. No. 100-568, 102 Stat. 2853, that do not amend title 17 of
the United States Code.
2. The Berne Convention entered into force in the United States on
March 1, 1989.
Additional specifics may be found in:
Circular 22circ22.html
Copyright Law of the United States of America
and Related Laws Contained in Tıtle 17 of the United States Code
June, 2003
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