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An incomplete copyright notice. Because multiple parties were involved in the production of The New 3 Stooges, failure to specify the claimant thrust the series into the public domain. A copyright notice may still be used as a deterrent against infringement, or as a notice that the owner intends on holding their claim to copyright. [3]
In case of "innocent infringement", the amount may be reduced to a sum "not less than $200" for an effective range of $200 to $30,000 per work. "Innocent" is a technical term. In particular, if the work carries a copyright notice, the infringer cannot claim innocence. [96]
If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
Every instance of a copyrighted work must observe copyright notice formalities for the work to maintain copyright, even if the work appears multiple times on the same sheet of paper. Every copy of a copyrighted painting must bear the notice for the painting to maintain copyright. G. & C. Merriam Co. v. Syndicate Pub. Co. 237 U.S. 618: 1915: 9–0
Under the 1790 Act, federal copyright protection was only granted if the author met certain "statutory formalities." For example, authors were required to include a proper copyright notice. If formalities were not met, the work immediately entered into the public domain. [citation needed]
The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free. This part of copyright is often overseen.