On Friday, January 3, 2003, at 01:29 AM, Brian Behlendorf wrote:
> On Thu, 3 Jan 2003, Greg Hudson wrote:
>> If we put "2000-2003" in files which were created after 2000, as well
>> files which were not modified in 2003, then we're documenting
>> falsehoods, though not terribly important ones.
> I've always kinda wondered about ranges... why not just put "2003"?
> OK that some of that file was written before 2003; there are presumably
> copies of it floating about with that older date.
I'm not a lawyer, this isn't legal advice (sorry, I know it's annoying,
but the various bar's are very touchy on the subject of "Unauthorized
practice of law")
As Yoda might say:
Later dates does often invalid a notice make.
Invalid notice = easier to claim you are an innocent infringer.
Don't bother putting an incorrect notice on files. Either use a correct
one, or you are wasting your time.
You don't want to try to defend an invalid notice as valid in court.
My understanding is that courts are incredibly strict about whether a
notice is valid or not.
If it doesn't follow the prescribed form (section 401(b) in this case),
it ain't valid:
(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; ad
(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."
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Received on Fri Jan 3 08:13:11 2003