20 by clause (2) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect. (B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation. (4) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant. (5) Upon the effective date of termination, all rights under this title that were covered by the terminated grant revert to all of those entitled to terminate the grant under clause (1) of this subsection, but with the following limitations: (A) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant. (B) 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 persons effecting the termination and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (3) of this subsection. (C) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (3) of this subsection. Where the rights revert to the author's widow and one or more of his children or grandchildren, the widow is entitled to a one-half interest in the reverted rights. The interests of the author's children and grandchildren shall in all cases be divided among them on a per stirpes basis according to the number of his children represented. (D) Termination of a grant under this subsection shall affect only those rights covered by the grant that arise under 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 21 this title, and shall in no way affect rights arising under any other Federal, State, or foreign laws. (E) Unless and until termination is effected under this subsection, 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. Sec. CHAPTER 4-COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION 401. Notice of copyright: visually perceptible copies. 402. Notice of copyright: phonorecords of sound recordings. 403. Notice of copyright: contributions to collective works. 404. Notice of copyright: omission of notice. 405. Notice of copyright: error in name or date. 406. Deposit of copies or phonorecords for Library of Congress. 407. Copyright registration in general. 408. Application for registration. 409. Registration of claim and issuance of certificate. 410. Registration as prerequisite to infringement suit. 411. 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 machine or device. (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; (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 40 of copyright. The Register of Copyrights shall prescribe by regula 1 2 3 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 tion, as examples, specific methods of affixation and positions of the § 402. Notice of copyright; Phonorecords of sound recordings (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 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, 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. 28 (d) EFFECTIVE DATE OF REQUIREMENT.-The requirements of this section apply to all phonorecords publicly distributed on or after January 1, 1967. § 403. 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 sections 401 and 402. However, a single notice applicable to the collective work as a whole is sufficient to satisfy the requirements of sections 401 and 402 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 in the contributions and whether or not they have been previously published. (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 405 (a). § 404. Notice of copyright: Omission of notice (a) EFFECT OF OMISSION ON COPYRIGHT.-The omission of the 23 1 copyright notice prescribed by sections 401 and 402 from copies or phonorecords publicly distributed by authority of the copyright owner does not invalidate the copyright in a work if: 3 4 5 6 7 8 9 10 11 12 13 14 15 (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 under section 407 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. (b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.-Any person who innocently begins an undertaking that infringes a copyright incurs no liability for damages or profits under section 504 if he proves that he was misled by the omission of notice and if he undertook the 16 infringement before receiving actual notice that registration for the 17 work had been made under section 407. In a suit for infringement in such a case the court may require, as a condition for enjoining the 19 completion of the undertaking, that the infringer be reimbursed for 20 any reasonable expenditure incurred by him, and the court may require, as a condition for permitting the infringer to complete his undertaking, 22 that he pay the copyright owner a reasonable license fee in an amount 23 and on terms fixed by the court. 18 21 24 (c) REMOVAL OF NOTICE.-Protection under this title is not affected 25 by the removal, destruction, or obliteration of the notice, without the 26 authorization of the copyright owner, from any publicly distributed 27 copies or phonorecords. 28 8405. Notice of copyright: Error in name or date 29 (a) ERROR IN NAME.-Where the person named in the copyright 30 notice on copies or phonorecords publicly distributed by authority of 31 the copyright owner is not the owner of copyright, the validity and 32 ownership of the copyright are not affected. In such as case, however, 33 any person who innocently begins an undertaking that infringes the 34 copyright has a complete defense to any action for such infringement 35 if he proves that he was misled by the notice and began the undertak36 ing in good faith under a purported transfer or license from the person 37 named therein, unless before the undertaking was begun: 38 39 (1) registration for the work under section 407 had been made in the name of the owner of copyright; or 1 2 3 4 5 6 7 9 24 (2) a document executed by the person named in the notice and showing the ownership of the copyright had been recorded as provided by section 205. 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 8 phonorecords distributed by authority of the copyright owner is earlier than the year in which publication first occurred, any period 10 computed from the year of first publication under section 302 is to be 11 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 404. 12 13 14 15 17 (c) OMISSION OF NAME OR DATE.-Where copies or phonorecords 16 publicly distributed 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 19 is governed by the provisions of section 404. 18 21 22 20 8406. 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 notice of copyright in the United States shall deposit, within three 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. 29 This deposit is not a condition of copyright protection. 30 (b) The required copies or phonorecords shall be deposited in the 31 Copyright Office for the use or disposition of the Library of Congress. 82 The Register of Copyrights shall, when requested by the depositor and upon payment of the fee prescribed by section 708, issue a receipt for the deposit. 33 34 35 (c) The Register of Copyrights may by regulation exempt any 36 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 |