1 2 3 14 (4) by adding at the end thereof the following new subsection: "(d) EVIDENTIARY WEIGHT OF NOTICE.-No weight 4 shall be given to the interposition of a defense based on ‘inno5 cent infringement' in mitigation of actual or statutory dam6 ages, or of other relief authorized by this title, if notice of 7 copyright, in the form specified by this section, appears on 8 the published phonorecord or phonorecords to which a de9 fendant in the copyright infringement suit has access.". 10 (c) PUBLICATIONS INCORPORATING UNITED STATES 11 GOVERNMENT WORKS.-Section 403 of title 17, United 12 States Code, is amended by striking out "the notice of copy13 right" and all that follows through "title." and inserting in 14 lieu thereof "such copies or phonorecords shall prominently 15 display a statement identifying those portions of the copies or 16 phonorecords that constitute a work of the United States 17 Government, in accordance with regulations issued by the 18 Copyright Office.". 19 (d) CONTRIBUTIONS TO COLLECTIVE WORKS.-Sec20 tion 404 of title 17, United States Code, and the heading for 23 (1) EFFECT OF OMISSION.-Section 405 of title 13 15 16 15 (A) in subsection (a), by striking out "The omission of the copyright notice prescribed by" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1987, the omission of the copyright notice described in"; and (B) in subsection (b), by striking out "omitted," in the first sentence and inserting in lieu thereof "omitted before the effective date of the Berne Convention Implementation Act of 1987,". (2) SECTION HEADING AND TABLE OF SEC TIONS. (A) SECTION HEADING.-The heading of section 405 is amended to read as follows: 17 "8 405. Notice of copyright: Omission of notice on certain copies and phonorecords" (B) TABLE OF SECTIONS.-The table of sections at the beginning of chapter 4 of such title is amended by striking out the item relating to sections 404 and 405 and inserting in lieu thereof the following: "404. Repealed "405. Notice of copyright: Omission of notice on certain copies and phonorecords.”, 16 (f) ERROR IN NAME OR DATE. (1) NOTICE OF COPYRIGHT: ERROR.-Section 406 of title 17, United States Code, is amended (A) in subsection (a), by striking out "Where" in the first sentence and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Con vention Implementation Act of 1987, where"; (B) in subsection (b) by inserting "before the effective date of the Berne Convention Implementation Act of 1987," after "distributed" in the first sentence; and (C) in subsection (c) by striking out all that follows the subsection designation, and inserting in lieu thereof "Where copies or phonorecords publicly distributed before the effective date of the Berne Convention Implementation Act of 1987, by authority of the copyright owner, contain no name or no date that could reasonably be considered a part of the notice, the work is considered to have been published without any notice and is governed by the provisions of section 405 as in effect on the day before the effective date of the Berne Convention Implementation Act of 1987.". 5 "§ 406. Notice of copyright: Error in name or date on cer 6 7 8 9 10 11 tain copies and phonorecords" (B) TABLE OF SECTIONS.-The table of sec tions at the beginning of chapter 4 of such title is amended by striking out the item relating to sec tion 406 and inserting in lieu thereof the following: "406. Notice of copyright: Error in name or date on certain copies and phonore cords.". 12 SEC. 6. DEPOSIT OF COPIES OR PHONORECORDS FOR 13 14 LIBRARY OF CONGRESS. Section 407 of title 17, United States Code is 15 amended 16 17 18 19 20 21 (1) in subsection (a), by striking out "with notice of copyright"; (2) in subsection (d)(1), by striking out "$250" and inserting in lieu thereof "$500"; and (3) in subsection (d)(3), by striking out "$2,500," and inserting in lieu thereof "$5,000,"; 22 SEC. 7. COPYRIGHT REGISTRATION. 23 (a) REGISTRATION IN GENERAL.-Section 408 of title 24 17, United States Code, is amended 1 2 3 4 5 6 7 8 9 10 18 (1) in subsection (a), by striking out "Subject to the provisions of section 405(a), such" in the second sentence and inserting in lieu thereof "Such"; (2) in subsection (c)(2)— (A) by striking out "all of" in the matter before subparagraph (A); (B) by striking out subparagraph (A); and (C) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) APPLICATION FOR REGISTRATION.-Section 409 is 11 amended 17 18 19 (9); (1) by inserting "and" at the end of paragraph (2) by striking out paragraph (10); and (3) by redesignating paragraph (11) as clause (10). (c) INFRINGEMENT ACTIONS. (1) REGISTRATION AS A PREREQUISITE.-Sec tion 411 of title 17, United States Code, is amended to read as follows: 20 "8 411. Registration and infringement actions 21 "(a) Registration is not a prerequisite to the institution 22 of a civil action for infringement of copyright. 23 "(b) In the case of a work consisting of sounds, images, 24 or both, the first fixation of which is made simultaneously 25 with its transmission, the copyright owner may, before such |