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of the authors of the work, the notice as to any one author's share shall be signed by him or his duly authorized agent or, if he is dead, by the number and proportion of the owners of his termination interest required under clauses (1) and (2) of this subsection, or by their duly authorized agents.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) 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. (5) 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.

(6) In the case of a grant executed by a person or persons other than the author, all rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to all of those entitled to terminate the grant under clause (1) of this subsection. In the case of a grant executed by one or more of the authors of the work, all of a particular author's rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to that author or, if he is dead, to the persons owning his termination interest under clause (2) of this subsection, including those owners who did not join in signing the notice of termination under clause (4) of this subsection. In all cases the reversion of rights is subject to 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) The future rights that will revert upon termination of the grant become vested on the date the notice of termi

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nation has been served as provided by clause (4) of this 2

subsection. 3

(C) Where an author's rights revert to two or more per4

sons under clause (2) of this subsection, they shall vest in 5

those persons in the proportionate shares provided by that 6

clause. In such a case, and subject to the provisions of sub7

clause (D) of this clause, a further grant, or agreement to 8

make a further grant, of a particular author's share with 9

respect to any right covered by a terminated grant is valid 10

only if it is signed by the same number and proportion of 11

the owners, in whom the right has vested under this clause, 12

as are required to terminate the grant under clause (2) of 13

this subsection. Such further grant or agreement is effective 14

with respect to all of the persons in whom the right it 15

covers has vested under this subclause, including those who 16

did not join in signing it. If any person dies after rights 17

under a terminated grant have vested in him, his legal repre18

sentatives, legatees, or heirs at law represent him for purposes 19

of this subclass. 20

(D) A further grant, or agreement to make a further 21

grant, of any right covered by a terminated grant is valid 22

only if it is made after the effective date of the termination. 23

As an exception, however, an agreement for such a further 24

grant may be made between the author or any of the per25

sons provided by the first sentence of clause (6) of this 26

subsection, or between the persons provided by subclause 27

(C) of this clause, and the original grantee or his successor 28

in title, after the notice of termination has been served as 29

provided by clause (4) of this subsection. 30

(E) Termination of a grant under this subsection affects 31

only those rights covered by the grant that arise under this 32

title, and in no way affects rights arising under any other 33

Federal, State, or foreign laws. 34

(F) Unless and until termination is effected under this

section, the grant, if it does not provide otherwise, continues 36

in effect for the remainder of the extended renewal term. 37 $ 305. Duration of copyright: Terminal date 38

All terms of copyright provided by sections 302 through 304 run to 39 the end of the calendar year in which they would otherwise expire.

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of the authors of the work, the notice as to any one author's share shall be signed by him or his duly authorized agent or, if he is dead, by the number and proportion of the owners of his termination interest required under clauses (1) and (2) of this subsection, or by their duly authorized agents.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) 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. (5) Termination of the grant may be effected not withstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(6) In the case of a grant executed by a person or persons other than the author, all rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to all of those entitled to terminate the grant under clause (1) of this subsection. In the case of a grant executed by one or more of the authors of the work, all of a particular author's rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to that author or, if he is dead, to the persons owning his termination interest under clause (2) of this subsection, including those owners who did not join in signing the notice of termination under clause (4) of this subsection. In all cases the reversion of rights is subject to 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) The future rights that will revert upon termination of the grant become vested on the date the notice of termi

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nation has been served as provided by clause (4) of this 2

subsection. 3

(C) Where an author's rights revert to two or more per4

sons under clause (2) of this subsection, they shall vest in 5

those persons in the proportionate shares provided by that 6

clause. In such a case, and subject to the provisions of sub7

clause (D) of this clause, a further grant, or agreement to 8

make a further grant, of a particular author's share with 9

respect to any right covered by a terminated grant is valid 10

only if it is signed by the same number and proportion of 11

the owners, in whom the right has vested under this clause, 12

as are required to terminate the grant under clause (2) of 13

this subsection. Such further grant or agreement is effective 14

with respect to all of the persons in whom the right it 15

covers has vested under this subclause, including those who 16

did not join in signing it. If any person dies after rights 17

under a terminated grant have vested in him, his legal repre18

sentatives, legatees, or heirs at law represent him for purposes 19

of this subclass.

(D) A further grant, or agreement to make a further 21

grant, of any right covered by a terminated grant is valid 22

only if it is made after the effective date of the termination.

As an exception, however, an agreement for such a further 24

grant may be made between the author or any of the per25

sons provided by the first sentence of clause (6) of this 26

subsection, or between the persons provided by sube 27

(C) of this clause, and the original grantee or his successor 28

in title, after the notice of termination has been served as 29

provided by clause (4) of this subsection. 30

(E) Termination of a grant under this subsection affects 31

only those rights covered by the grant that arise under this 32

title, and in no way affects rights arising under any other 33

Federal, State, or foreign laws. 34

(F) Unless and until termination is effected under this 35

section, the grant, if it does not provide otherwise, continues 36

in effect for the remainder of the extended renewal term. 37 $ 305. Duration of copyright: Terminal date 38

All terms of copyright provided by sections 302 through 304 run to 39 the end of the calendar year in which they would otherwise expire.

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1 $ 405. 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: 6

(1) the notice has been omitted from no more than a relatively 7 small number of copies or phonorecords distributed to the public; 8 9

(2) registration for the work has been made before or is made 10 within five years after the publication without notice, and a

reasonable effort is made to add notice to all copies or phono12 records that are distributed to the public in the United States 13 after the omission has been discovered; or

(3) the notice has been omitted in violation of an express re15 quirement in writing that, as a condition of the copyright owner's 16 authorization of the public distribution of copies or phonorecords, 17

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 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

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. 31 (c) REMOVAL OF NOTICE.---Protection under this title is not affected 32 by the remo

moval, 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 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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