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xpires first. If, before the end of such term, the identity of one or more of the uthors of an anonymous or pseudonymous work is revealed in the registration ir other public records of the Copyright Office, the copyright in such work enlures for the term specified by subsections (a) or (b), based on the life of the uthor or authors whose identity has been revealed.

(d) RECORDS RELATING TO DEATH OF AUTHORS.-Any person having an interest n a copyright may at any time record in the Copyright Office a statement of he date of death of the author of the copyrighted work, or a statement that he author is still living on a particular date. The statement shall identify he person filing it, the nature of his interest, and the source of his information, nd shall comply in form and content with requirements that the Register of opyrights shall prescribe by regulation. The Register shall maintain current ecords of information relating to the death of authors of copyrighted works, ased on such recorded statements and, to the extent he considers practicable, on ata contained in any of the records of the Copyright Office or in other reference ources.

(e) PRESUMPTION AS TO AUTHOR'S DEATH.--After a period of 75 years from the ear of first publication of a work, or a period of 100 years from the year of its reation, whichever expires first, any person who obtains from the Copyright ffice a certified report that the records provided by subsection (d) disclose othing to indicate that the author of the work is living, or died less than 50 ears before, is entitled to the benefits of a presumption that the author has een dead for at least 50 years. Reliance in good faith upon this presumption hall be a complete defense to any action for infringement under this title. 303. Duration of copyright: Works created but not published or copyrighted

before January 1, 1967 Copyright in a work created January 1, 1967, but not theretofore in the public domain or copyrighted, subsists from January 1, 1967, and endures for he term provided by section 302. In no case, however, shall the term of copyright in such a work expire before December 31, 1990; and, if the work is pubished before December 31, 1990, the term of copyright shall not expire before December 31, 2015. | 304. Duration of copyright: Subsisting copyrights

(a) COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1967.—The duration of any copyright, the first term of which is subsisting on January 1, 1967, is governed by the provisions of the following two clauses :

(1) The copyright shall endure for twenty-eight years from the date it was originally secured : Provided, That in the case of any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of forty-seven years when application for such renewal and extension shall have been made to the Copyright Office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work, the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of forty-seven years when application for such renewal and extension shall have been made to the Copyright Office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall terminate at the expiration of twenty-eight years from the date copyright was originally secured.

(2) Subsisting copyrights originally registered in the Patent Office prior to July 1, 1940, under section 3 of the act of June 18, 1874, shall be subject to renewal for a further term of forty-seven years in behalf of the proprietor upon application made to the Register of Copyrights within one year prior to the expiration of the original term of twenty-eight years.

(b) COPYRIGHTS IN THEIR RENEWAL TERM ON DECEMBER 31, 1965, OR RENEWED
BEFORE JANUARY 1, 1967.--The duration of any copyright, the renewal term of
which is subsisting on December 31, 1965, or which is renewed between Decem.
ber 31, 1965, and December 31, 1966, inclusive, is extended to endure for a term
of 75 years from the date copyright was originally secured.

(c) TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED RENEWAL
TERM.--In the case of any copyright subsisting in either its first or renewal term
on January 1, 1967, other than a copyright in a work made for hire, the exclusive
or non-exclusive grant of a transfer or license of the renewal copyright or of
any right under it, executed before January 1, 1967, by any of the persons des-
ignated by the second proviso of subsection (a)(1) of this section, otherwise
than by will, is subject to termination under the following conditions:

(1) Termination of the grant may be effected by the surviving person or
persons who executed it. If, in the case of a grant executed by the author,
the author is dead, termination may be effected by his widow (or her
widower) and children; the children of any dead child of the author suc-
ceed to the right of their parent for this purpose.

(2) Termination of the grant may be effected at any time during a period
of five years beginning at the end of 56 years from the date copyright was
originally secured.

(3) The termination shall be effected by serving an advance notice in
writing, signed by all of those entitled to terminate the grant under clause
(1) of this subsection, or by their duly authorized agents, upon the grantee
or his successor in title.

(A) The notice shall state the effective date of the termination, which
shall fall within the five-year period specified 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 agree-
ment 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 ter-
minate 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 prepara-
tion after the termination of other derivative works based upon the copy-
righted 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 agree-
ment 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 in-
terests 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 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 re-

mainder 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.

CHAPTER 4—COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
Sec.
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 designa-

tion of the owner.
(c) POSITION OF NOTICE.—The notice shall be affixed to the copies in such man-
ner and location as to give reasonable notice of the claim of copyright. The Reg-
ister of Copyrights shall prescribe by regulation, 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.
$ 402. Notice of copyright: Phonorecords of sound recordings

(a) 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 copy-
right 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 Pin 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 re-
cording 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 loca-
tion as to give reasonable notice of the claim of copyright.

(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 require-

ments of section 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 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 :

(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 infringement before receiving actual notice that registration for the 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 completion of the undertaking, that the infringer be reimbursed for any reasonable expenditure incurred by him, and the court may require, as a condition for permitting the infringer to complete his undertaking, that he pay the copyright owner a reasonable license fee in an amount and on terms fixed by the court.

(c) REMOVAL OF NOTICE.-Protection under this title is not affected by the removal, destruction, or obliteration of the notice, without the authorization of the copyright owner, from any publicly distributed copies or phonorecords. 8 405. Notice of copyright: Error in name or date

(a) ERROR IN NAME.—Where the person named in the copyright notice on copies or phonorecords publicly distributed by authority of the copyright owner is not the owner of copyright, the validity and ownership of the copyright are not affected. In such a case, however, any person who innocently begins an undertaking that infringes the copyright has a complete defense to any action for such infringement if he proves that he was misled by the notice and began the undertaking 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 under section 407 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 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 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 404.

(c) OMISSION OF NAME OR DATE.—Where copies or phonorecords 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 is governed by the provisions of section 404. 8 406. 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. This deposit is not a condition of copyright protection.

(b) The required copies or phonorecords shall be deposited in the Copyright Office for the use or disposition of the Library of Congress. 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.

(c) The Register of Copyrights may by regulation exempt any 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 the demand was made are liable:

(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 reason

able cost to the Library of Congress of acquiring them. $ 407. Copyright registration in general

(a) REGISTRATION PERMISSIVE.--At any time during the subsistence of copyright in any published or unpublished work, the owner of 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 by sections 408 and 708. Subject to the provisions of section 404 (a), such registration is not a condition of copyright protection.

(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. Copies or phonorecords deposited for the Library of Congress under section 406 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.

(c) ADMINISTRATIVE CLASSIFICATION AND OPTIONAL DEPOSIT.-The Register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration, and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by this title.

(d) CORRECTIONS AND AMPLIFICATIONS.-The Register may also establish, by regulation, formal procedures for the filing of an application for supplementary registration, to correct an error in a copyright registration or to amplify the information given in a registration. Such application shall be accompanied by the fee provided by section 708, and shall clearly identify the registration to be corrected or amplified. The information contained in a supplementary registra. tion augments but does not supersede that contained in the earlier registration.

(e) PUBLISHED EDITION OF PREVIOUSLY REGISTERED WORK.—Registration for the first published edition of a work previously registered in unpublished form may be made even though the work as published is substantially the same as the unpublished version.

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