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Sec.

39

Chapter 4.-COPYRIGHT NOTICE, DEPOSIT, AND

REGISTRATION

401, Notice of copyright: Visually perceptible copies.

402. Notice of copy right: Phonorecords of sound recordings

403. Notice of copyright: Publications incorporating United States Government works

404. Notice of copyright: Contributions to collective works.

405 Notice of copyright : Omission of notice.

406. Notice of copyright: Error in name or date.

407. Deposit of copies or phonorecords for Library of Congress.

40%. Copyright registration in general.

409. 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.

§ 401. Notice of copyright: Visually perceptible copies

(a) GENERAL REQUIREMENT.--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 shall be placed on all publicly distributed copies from which the work can be visually perceived, either directly or with the aid of a 9 machine or device.

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(b) FORM OF NOTICE.-The notice appearing on the copies shall consist of the following three elements:

(1) the symbol © (the letter C in a circle), the word "Copyright," 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 regula

tion, 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.

$102. Notice of copyright: Phonorecords of sound recordings

(a) GENERAL REQUIREMENT. Whenever a sound recording pro

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tected 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 shall be placed on all publicly distributed phonorecords of the sound recording.

(b) FORM OF NOTICE.-The notice appearing on the phonorecords shall consist of the following three elements:

(1) the symbol ℗ (the letter P in 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 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.

§ 403. Notice of copyright: Publications incorporating United 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 also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or 26 works protected under this title.

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§ 404. Notice of copyright: Contributions to collective works

(a) A separate contribution to a collective work may bear its own notice of copyright, as provided by section 401 through 403. How30 ever, a single notice applicable to the collective work as a whole is sufficient to satisfy the requirements of sections 401 through 403 with respect to the separate contributions it contains (not including advertisements inserted on behalf of persons other than the owner of copyright in the collective work), regardless of the ownership of copyright 35 in the contributions and whether or not they have been previously 36 published.

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(b) Where the person named in a single notice applicable to a collective work as a whole is not the owner of copyright in a separate

contribution that does not bear its own notice, the case is governed

by the provisions of section 406 (a).

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1 § 405. Notice of copyright: Omission of notice

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(a) EFFECT OF OMISSION ON COPYRIGHT.--The omission of the copy

3 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:

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(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.

(b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.--Any person 19 who innocently infringes a copyright, in reliance upon an authorized 20 copy or phonorecord from which the copyright notice has been 21 omitted, incurs no liability for actual or statutory damages under sec22 tion 504 for any infringing acts committed before receiving actual 23 notice that registration for the work has been made under section 408, 24 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 infringe27 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 reason30 able license fee in an amount and on terms fixed by the court.

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(c) REMOVAL OF NOTICE.--Protection under this title is not affected 32 by the removal, destruction, or obliteration of the notice, without 33 the authorization of the copyright owner, from any publicly distrib34 uted copies or phonorecords.

35 § 406. Notice of copyright: Error in name or date

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(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 39 ownership of the copyright are not affected. In such a case, however. 40 any person who innocently begins an undertaking that infringes the

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copyright has a complete defense to any action for such infringement if he proves that he was misled by the notice and began the undertak

ing in good faith under a purported transfer or license from the person 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. The person named in the notice is liable to account to the copyright owner for all receipts from purported transfers or licenses made by 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 computed from the year in the notice. Where the year date is more than one year later than the year in which publication first occurred, the work is considered to have been published without any notice and is governed by the provisions of section 405.

(c) OMISSION OF NAME OR DATE.--Where copies or phonorecords publicly distributed by authority of the copyright owner contain no 22 name or no date that could reasonably be considered a part of the

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notice, the work is considered to have been published without any notice and is governed by the provisions of section 405.

§ 407. Deposit of copies or phonorecords for Library of Congress (a) Except as provided by subsection (c), the owner of copyright or of the exclusive right of publication in a work published with no28 tice of copyright in the United States shall deposit, within three 29 months after the date of such publication:

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(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.

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(b) The required copies or phonorecords shall be deposited in the 36 Copyright Office for the use or disposition of the Library of Congress. The Register of Copyrights shall, when requested by the depositor 38 and upon payment of the fee prescribed by section 708, issue a receipt for the deposit.

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(c) The Register of Copyrights may by regulation exempt any

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categories of material from the deposit requirements of this section, or require deposit of only one copy or phonorecord with respect to any categories.

(d) At any time after publication of a work as provided by subsection (a), the Register of Copyrights may make written demand for the required deposit on any of the persons obligated to make the deposit under subsection (a). Unless deposit is made within three months after the demand is received, the person or persons on whom 9 the demand was made are liable:

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(1) to a fine of not more than $250 for each work; and

(2) to pay to the Library of Congress the total retail price of the copies or phonorecords demanded, or, if no retail price has been fixed, the reasonable cost to the Library of Congress of acquiring them.

15 § 408. Copyright registration in general

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(a) REGISTRATION PERMISSIVE.-At any time during the subsistence 17 of copyright in any published or unpublished work, the owner of 18 copyright or of any exclusive right in the work may obtain registration of the copyright claim by delivering to the Copyright Office the deposit specified by this section, together with the application and fee specified 21 by sections 409 and 708. Subject to the provisions of section 405 (a), 22 such registration is not a condition of copyright protection.

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(b) Deposit for Copyright RegistrATION.-Except as provided by subsection (c), the material deposited for registration shall include: (1) in the case of an unpublished work, one complete copy or phonorecord;

(2) in the case of a published work, two complete copies or phonorecords of the best edition;

(3) in the case of a work first published abroad, one complete copy or phonorecord as so published;

(4) in the case of a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work.

34 Copies or phonorecords deposited for the Library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the Register may, by regulation, require.

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39 (c) ADMINISTRATIVE CLASSIFICATION AND OPTIONAL DEPOSIT.--The 40 Register of Copyrights is authorized to specify by regulation the

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