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nation has been served as provided by clause (4) of this subsection.

(C) Where an author's rights revert to two or more persons under clause (2) of this subsection, they shall vest in those persons in the proportionate shares provided by that clause. In such a case, and subject to the provisions of subclause (D) of this clause, a further grant, or agreement to make a further grant, of a particular author's share with respect to any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under this clause, as are required to terminate the grant under clause (2) of this subsection. Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under this subclause, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him, his legal representatives, legatees, or heirs at law represent him for purposes of this subclass.

(D) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the author or any of the persons provided by the first sentence of clause (6) of this subsection, or between the persons provided by subclause (C) of this clause, and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (4) of this subsection.

(E) Termination of a grant under this subsection affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(F) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues

in effect for the remainder of the extended renewal term. $305. Duration of copyright: Terminal date

All terms of copyright provided by sections 302 through 304 run to the end of the calendar year in which they would otherwise expire.

37 38 39

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Chapter 4.-COPYRIGHT NOTICE, DEPOSIT, AND

REGISTRATION
See.
401. Notice of copyright : Visually perceptible copies.
402 Votice of copyright: Phonorecords of sound recordings,
403. Notice of copyright: Publications incorporating I'nited States Government

works,
404 Notice of copyright: ('ontributions to collective works.
405. Notice of copyright: Omission of notice.
400 Votice of copyright: Error in name or date.
407. Deposit of copies or phonorecords for Library of ('ongress.
40N ('opyright registration in general.
403. Application for registration
410. Registration of claim and issuance of certificate.
411. Registration as prerequisite to infringement suit.

412. Registration as prerequisite to certain remedies for infringement, 3 $ 101. Notice of copyright: Visually perceptible copies 4 (a) GENERAL REQUIREMENT.--Whenever a work protected under 5 this title is published in the United States or elsewhere by authority 6 of the copyright owner, a notice of copyright as provided by this sec

tion shall be placed on all publicly distributed copies from which the 8 work can be visually perceived, either directly or with the aid of a 9 machine or device. 10 (b) FORM OF NOTICE.-The notice appearing on the copies shall con11 sist of the following three elements:

(1) the symbol © (the letter ( in a circle), the word "('opyright," or the abbreviation “Copr.";

(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;

(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 atfixation and positions of the notice on various types of works that will sati-fy this requirement, but these specifications shall not be considered exhaustive.

8 102. Notice of copyright: Phonorecords of sound recordings 31 (a) GENERAL REQUIREMENT.- Whenever a sound recording pro

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1 tected under this title is published in the l'nited States or elsewhere by
2 authority of the copyright owner, a notice of copyright as provided
3 by this section shall be placed on all publicly distributed phonorecords
4 of the sound recording.
5 (b) FORM OF NoticE.-The notice appearing on the phonorecords
6 shall consist of the following three elements:

(1) the symbol ® (the letter Pin a circle);
(2) the year of first publication of the sound recording;

(3) the name of the owner of copyrights 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, his name shall be considered a part of the notice.

(c) Position OF NOTICE.— The notice shall be placed on the surface 16 of the phonorecord, or on the phonorecord label or container, in such

manner and location as to give reasonable notice of the claim of copy. 18 right. 19 & 403. Notice of copyright: Publications incorporating I'nited

State Government works Whenever a work is published in copies or phonorecords consisting 22 preponderantly of one or more works of the United States Govern23 ment, the notice of copyright provided by section 401 or 402 shall 24 also include a statement identifying, either affirmatively or negatively, 25 those portions of the copies or phonorecords embodying any work or 26 works protected under this title. 27 $ 104. Notice of copyright: Contributions to collective works

(a) A separate contribution to a collective work may bear its own 29 notice of copyright, as provided by section 101 through 403. How

ever, a single notice applicable to the collective work as a whole is 31 sufficient to satisfy the requirements of sections 101 through 103 with 32 respect to the separate contributions it contains (not including adver

tisements inserted on behalf of persons other than the owner of copy34 right in the collective work), regardless of the ownership of copyright 35 in the contributions and whether or not they have been previously 36 published. 37 (b) Where the person named in a single notice applicable to a 38 collective work as a whole is not the owner of copyright in a separate 39 contribution that does not bear its own notice, the case is governed 40 by the provisions of section 106(a).

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1 $ 105. Notice of copyright: Omission of notice 2 (a) EFFECT OF OMISSION ON COPYRIGHT.-The omission of the copy3 right notice described by sections 401 through 403 from copies or 4 phonorecords publicly distributed by authority of the copyright 5 owner does not invalidate the copyright in a work if:

(1) the notice has been omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or

(2) registration for the work has been made before or is made within five years after the publication without notice, and a reasonable effort is made to add notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered; or

(3) the notice has been omitted in violation of an express requirement in writing that, as a condition of the copyright owner's authorization of the public distribution of copies or phonorecords,

they bear the prescribed notice. 18 (b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.-Any person 19 who innocently infringes a copyright, in reliance upon an authorized

copy or phonorecord from which the copyright notice has been 21 omitted, incurs no liability for actual or statutory damages under sec. 22 tion 504 for any infringing acts committed before receiving actual 23 notice that registration for the work has been made under section 408,

if he proves that he was misled by the omission of notice. In a suit 25 for infringement in such a case the court may allow or disallow re26 covery of any of the infringer's profits attributable to the infringe. 27 ment, and may enjoin the continuation of the infringing undertaking 28 or may require, as a condition for permitting the infringer to con29 tinue his undertaking, that he pay the copyright owner a reason. 30 able license fee in an amount and on terms fixed by the court. 31 (c) REMOVAL OF NOTICE.- Protection under this title is not affected 32 by the reinoval, destruction, or obliteration of the notice, without 33 the authorization of the copyright owner, from any publicly distrib34 uted copies or phonorecords. 35 8 406. Notice of copyright: Error in name or date 36 (a) ERROR IN NAME.- Where the person named in the copyright 37 notice on copies or phonorecords publicly distributed by authority of 38 the copyright owner is not the owner of copyright, the validity and

ownership of the copyright are not affected. In such a case, however, 40 any person who innocently begins an undertaking that infringes the 1 copyright has a complete defense to any action for such infringement 2 if he proves that he was misled by the notice and began the undertak3 ing in good faith under a purported transfer or license from the person 4 named therein, unless before the undertaking was begun:

(1) registration for the work had been made in the name of the owner of copyright; or

(2) a document executed by the person named in the notice

and showing the ownership of the copyright had been recorded. 9 The person named in the notice is liable to account to the copyright

owner for all receipts from purported transfers or licenses made by 11 him under the copyright.

(b) ERROR IN DATE.-When the year date in the notice on copies or phonorecords distributed by authority of the copyright owner is earlier than the year in which publication first occurred, any period

computed from the year of first publication under section 302 is to be 16 computed from the year in the notice. Where the year date is more 17 than one year later than the year in which publication first occurred, 18 the work is considered to have been published without any notice and 19 is governed by the provisions of section 405. 20 (c) OMISSION OF NAME OR DATE.---Where copies or phonorecords 21 publicly distributed by authority of the copyright owner contain no 22 name or no date that could reasonably be considered a part of the 23 notice, the work is considered to have been published without any 2A notice and is governed by the provisions of section 405. 25 8 407. Deposit of copies or phonorecords for Library of Congress 26 (a) Except as provided by subsection (c), the owner of copyright 27 or of the exclusive right of publication in a work published with no28 tice of copyright in the l'nited States shall deposit, within three 29 months after the date of such publication :

(1) two complete copies of the best edition; or

(2) if the work is a sound recording, two complete phonorecords of the best edition, together with any printed or other

visually perceptible material published with such phonorecords. 34 This deposit is not a condition of copyright protection, 35 (b) The required copies or phonorecords shall be deposited in the 36 Copyright Office for the use or disposition of the Library of Congress. 37 The Register of Copyrights shall, when requested by the depositor 38 and upon payment of the fee prescribed by section 708, issue a receipt 39 for the deposit. 40 (c) The Register of Copyrights may by regulation exempt any

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