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Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →For a U.S. published work, use the year it was first published—not automatically the current year or the year it was created. For a compilation or derivative work incorporating earlier published material, the first-publication year of that compilation or derivative work is sufficient. The rules below describe U.S. law; other countries may differ.
Which year belongs in the notice?
For a published work, the ordinary U.S. notice year is its year of first publication. The statute specifies “the year of first publication of the work.” (17 U.S.C. § 401(b)(2); U.S. Copyright Office, Circular 3.)
A notice generally includes a copyright symbol, the word “Copyright,” or “Copr.”; the year of first publication; and the copyright owner’s name. For example, “© 2026 Name” is appropriate only if the work was first published in 2026. The Copyright Office says the owner is responsible for the notice and does not need advance permission from, or registration with, the Office to use one. (Circular 3.)
Determine whether and when the work was published
The year depends on publication, which has a specific meaning in U.S. copyright law. The Copyright Office defines publication as distributing copies or phonorecords to the public by sale or another transfer of ownership, or by rental, lease, or lending. Offering copies to a group for further distribution, public performance, or public display also counts. A performance or display alone does not: the Office states, “A public performance or display of a work does not of itself constitute publication.” (Copyright Office, Standard Application Help: Publication/Completion.)
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That distinction can matter for work shown online or performed publicly. Those events alone do not necessarily establish a publication year; consider whether copies or phonorecords were distributed, or offered to a group for further distribution, performance, or display. For registration applications, the Office asks for the date of first publication and says an approximate month, day, and year may be provided when the exact date is unknown. That application guidance does not replace the legal question of whether an event qualified as publication.
Apply the rule to the kind of work you have
Original published work
Use the year the work was first published. Do not substitute its creation year or the current calendar year simply because either date is more convenient.
Compilation or derivative work
If a compilation or derivative work incorporates previously published material, the statute says the first-publication year of the compilation or derivative work is sufficient. Identify the publication history of the version being noticed rather than automatically carrying forward a date from an earlier component. (17 U.S.C. § 401(b)(2); Copyright Office Compendium, Third Edition, Chapter 2200.)
Unpublished work
For an unpublished work, Copyright Office Circular 1 describes the notice year as the year of creation. This is a different situation from a published work, for which the ordinary year is the year of first publication. (Copyright Office, Circular 1: Copyright Basics.)
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| When the work was first published | What to keep in mind |
|---|---|
| On or after March 1, 1989 | Notice is generally optional under Copyright Office guidance. The first-publication year remains the ordinary year to use if you include a notice. (Circular 3; Circular 1.) |
| January 1, 1978 through February 28, 1989 | Historical notice rules may matter; omission or defects can affect the analysis. Check the applicable rules rather than assuming today’s optional-notice guidance resolves the issue. (Circular 3; Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work.) |
| Before January 1, 1978 | Older rules apply. Circular 3 directs readers to the Compendium’s historical chapter, and Circular 22 explains that notice dates generally reflected the year copyright was secured by publication, or the registration year if the work was first registered while unpublished, subject to exceptions. Treat this as a historical copyright-status question, not a routine application of the modern shorthand. (Circular 3; Circular 22.) |
Is a copyright notice required?
For works published on or after March 1, 1989, a notice is generally optional according to the Copyright Office. It can still identify the owner and signal that the work is claimed as copyrighted, and the Office notes that notice may offer other legal benefits. For older works, especially those first published before 1989, historical rules may affect the consequences of omission or a defective notice. (Circular 3; Circular 1; Circular 22.)
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A quick way to choose the year
- Identify the specific work or version the notice will cover.
- Determine whether it has been published under the Copyright Office definition; a public display or performance by itself does not qualify.
- If it is published, use its first-publication year. For a compilation or derivative work that incorporates earlier published material, the first-publication year of that compilation or derivative work is sufficient.
- If it is unpublished, consult the Copyright Office’s guidance for the year of creation.
- If the first publication was before March 1, 1989, check the historical rules before relying on a current standard notice.
This article covers U.S. rules. The sources cited here do not establish a rule for other jurisdictions, so do not assume the U.S. answer applies worldwide.
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