Re: Wrong year in notice

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Fri, 20 Oct 1995 07:58:20 -0600

> The Berne Convention makes copyright notice unnecessary, but what
> happens these days if a publisher reprints a work and includes a
> notice that has the current year instead of the original year of
> publication? Does it matter if the original year of publication
> predates 1988?

I think it does matter. I would call this intentionally false and misleading. My memory is that you can be a year or so off without the ceiling falling in on you, but not really more.

> The specifics: some companies publish musical settings to liturgical
> texts on a three-year cycle. I recently noticed in one book that the
> copyright notice on each week's setting listed the current year,
> despite the fact that the music (both melody and arrangment) is
> identical to the music from three (and six) years ago (or only
> marginally modified). I don't have the books from nine years ago --
> that's before I became involved in our choir.

I guess I should ask whether each piece of music has a separate notice.

> So, my question is, is this publisher causing itself trouble, or
> merely being unethical?

I think the answer is that the two are interrelated.

---

The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

---

Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Fri Oct 20 1995 - 13:06:51 GMT