(a) General Provisions. - Whenever a sound recording 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 phonorecords
of the sound recording.
(b) Form of Notice. - If a notice appears on the phonorecords, it
shall consist of the following three elements:
(1) the symbol P (the letter P in a circle); and
(2) the year of first publication of the sound recording; and
(3) the name of the owner of copyright in the sound recording,
or an abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner; if the
producer of the sound recording is named on the phonorecord
labels or containers, and if no other name appears in conjunction
with the notice, the producer's name shall be considered a part
of the notice.
(c) Position of Notice. - The notice shall be placed on the
surface of the phonorecord, or on the phonorecord label or
container, in such manner and location as to give reasonable notice
of the claim of copyright.
(d) Evidentiary Weight of Notice. - If a notice of copyright in
the form and position specified by this section appears on the
published phonorecord or phonorecords 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).