Caveats & Copyrights


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. 

References:

Current Law may be reviewed on the U.S. Copyright  Office site http://www.copyright.gov/title17/

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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