17 U.S.C. § 404

Notice of copyright: Contributions to collective works

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(a) A separate contribution to a collective work may bear its own notice of copyright, as provided by sections 401 through 403. However, a single notice applicable to the collective work as a whole is sufficient to invoke the provisions of section 401(d) or 402(d), as applicable with respect to the separate contributions it contains (not including advertisements inserted on behalf of persons other than the owner of copyright in the collective work), regardless of the ownership of copyright in the contributions and whether or not they have been previously published.(b) With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, where the person named in a single notice applicable to a collective work as a whole is not the owner of copyright in a separate contribution that does not bear its own notice, the case is governed by the provisions of section 406(a).(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2577; Pub. L. 100–568, § 7(d), Oct. 31, 1988, 102 Stat. 2858.)Historical and Revision Noteshouse report no. 94–1476

In conjunction with the provisions of section 201(c), section 404 deals with a troublesome problem under the present law: the notice requirements applicable to contributions published in periodicals and other collective works. The basic approach of the section is threefold:

(1) To permit but not require a separate contribution to bear its own notice;

(2) To make a single notice, covering the collective work as a whole, sufficient to satisfy the notice requirement for the separate contributions it contains, even if they have been previously published or their ownership is different; and

(3) To protect the interests of an innocent infringer of copyright in a contribution that does not bear its own notice, who has dealt in good faith with the person named in the notice covering the collective work as a whole.

As a general rule, under this section, the rights in an individual contribution to a collective work would not be affected by the lack of a separate copyright notice, as long as the collective work as a whole bears a notice. One exception to this rule would apply to “advertisements inserted on behalf of persons other than the owner of copyright in the collective work.” Collective works, notably newspapers and magazines, are major advertising media, and it is common for the same advertisement to be published in a number of different periodicals. The general copyright notice in a particular issue would not ordinarily protect the advertisements inserted in it, and relatively little advertising matter today is published with a separate copyright notice. The exception in section 404(a), under which separate notices would be required for most advertisements published in collective works, would impose no undue burdens on copyright owners and is justified by the special circumstances.

Under section 404(b) a separate contribution that does not bear its own notice, and that is published in a collective work with a general notice containing the name of someone other than the copyright owner of the contribution, is treated as if it has been published with the wrong name in the notice. The case is governed by section 406(a), which means that an innocent infringer who in good faith took a license from the person named in the general notice would be shielded from liability to some extent.

Editorial NotesReferences in Text

The effective date of the Berne Convention Implementation Act of 1988, referred to in subsec. (b), is Mar. 1, 1989, see section 13 of Pub. L. 100–568, set out as an Effective Date of 1988 Amendment note under section 101 of this title.

Amendments

1988—Subsec. (a). Pub. L. 100–568, § 7(d)(1), substituted “to invoke the provisions of section 401(d) or 402(d), as applicable” for “to satisfy the requirements of sections 401 through 403”.

Subsec. (b). Pub. L. 100–568, § 7(d)(2), substituted “With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, where” for “Where”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 17 cases, 1981–2019 · leading case: William J. Canfield, D/B/A the Enter. v. The Ponchatoula Times, Bryan T. McMahon, 759 F.2d 493 (5th Cir. 1985).

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William J. Canfield, D/B/A the Enter. v. The Ponchatoula Times, Bryan T. McMahon, 759 F.2d 493 (5th Cir. 1985). · cites it 5× “17 U.S.C. § 404 (a). We affirm the grant of summary judgment on this ground.”

TransWestern Publ'g Co. v. Multimedia Mktg. Assocs., Inc., 133 F.3d 773 (10th Cir. 1998). · cites it 4× “So viewed there exists another barrier to plaintiffs infringement claim, 17 U.S.C. § 404 (a). That section provides as follows: A separate contribution to a collective work may bear its own notice of copyright, as provided by sections 401 through 403.”

Perfect 10, Inc. v. Cybernet Ventures, Inc., 213 F. Supp. 2d 1146 (C.D. Cal. 2002). “17 U.S.C. § 404 (similar principle with regard to reach of copyright notice in collective work).”

Idearc Media Corp. v. Nw. Directories, Inc., 623 F. Supp. 2d 1223 (D. Or. 2008). · cites it 5× “NWD argues that because the 2006 directory is a collective work, even if the display ads are subject to copyright, Ideare cannot sue to enforce that copyright absent the publication of a separate copyright notice on each ad.”

Howard v. Sterchi, 725 F. Supp. 1572 (N.D. Ga. 1989). · cites it 2× “17 U.S.C. § 404 (a). Section 404(a) provides that a single copyright notice on a collective work satisfies the notice requirements with respect to each component of the collective work, regardless of the ownership of the copyrights for the independent components.”

Quinto v. Legal Times of Washington, Inc., 506 F. Supp. 554 (D.D.C. 1981). “However, the masthead of the newspaper carried a copyright notice in the name of the Harvard Law School Record Corporation which satisfied the blanket notice provision contained in 17 U.S.C. § 404 (a). The Legal Times published a verbatim copy of plaintiff’s article in its…”

Moore Publ'g, Inc. v. Big Sky Mktg., Inc., 756 F. Supp. 1371 (D. Idaho 1991). · cites it 2× “1 The notice of copyright which must accompany a collective work is set forth in 17 U.S.C. § 404 . That statute establishes a general rule that a single copyright notice applicable to the collective work as a whole is sufficient to protect the separate original contributions it…”

Dow Jones & Co. v. Bd. of Trade of City of Chicago, 546 F. Supp. 113 (S.D.N.Y. 1982). “suffices to protect all copyrightable material contained therein”); 17 U.S.C. § 404 (a) (“a single notice applicable to the collective work as a whole is sufficient .”

Donald Frederick Evans & Assocs., Inc. v. Cont'l Homes, Inc., 785 F.2d 897 (11th Cir. 1986). · cites it 5× “First, we address Evans’ contention that the drawings of the Baywood, the Riven-dell, the Starshine/Sunridge, and the Woodlyn/Mulberry in the Parade of Homes supplements were contributions to a collective work — the Sentinel — and therefore, under 17 U.S.C. § 404 , the…”

Hustler Magazine, Inc. v. Moral Majority, Inc., 606 F. Supp. 1526 (C.D. Cal. 1985). “Although each component of a composite work, such as a periodical, is capable of individual copyright protection and need not bear a separate copyright notice, 17 U.S.C. § 404 , Lin-Brook Builders Hardware v.”

Olan Mills, Inc. v. Linn Photo Co., 795 F. Supp. 1423 (N.D. Iowa 1991). “The student newspaper contained a blanket copyright notice under 17 U.S.C. § 404 (a). The individual article contained no copyright notice by the author but did contain a byline with the author’s name.”

Armento v. Laser Image, Inc., 950 F. Supp. 719 (W.D.N.C. 1996). “17 U.S.C. § 404 (a). Because the Defendants owned the copyright both to the collective work and Armento's individual contributions to it, the Court mentions the copyright notice only insofar as it further supports the conclusion that Plaintiff’s work was a contribution to a…”

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