1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

42

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 name or no date that could reasonably be considered a part of the notice, the work is considered to have been published without any 24 notice and is governed by the provisions of section 405.

23

25

26

27

28

29

30

31

32

33

§ 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 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.

34 This deposit is not a condition of copyright protection.

35

(b) The required copies or phonorecords shall be deposited in the 36 Copyright Office for the use or disposition of the Library of Congress. 37 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.

39

40

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

2

41

§ 405. Notice of copyright: Omission of notice

(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

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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 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 who innocently infringes a copyright, in reliance upon an authorized copy or phonorecord from which the copyright notice has been omitted, incurs no liability for actual or statutory damages under section 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 for infringement in such a case the court may allow or disallow recovery of any of the infringer's profits attributable to the infringement, and may enjoin the continuation of the infringing undertaking 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.

25

26

27

28

31

(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 8406. 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, any person who innocently begins an undertaking that infringes the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

26

27

42

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 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.

25 § 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:

(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 36 Copyright Office for the use or disposition of the Library of Congress. 37 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.

38

39

40

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

18

45

(9) in the case of a compilation or derivative work, an identification of any pre-existing work or works that it is based on or incorporates, and a brief, general statement of the additional material covered by the copyright claim being registered;

(10) in the case of a published work containing material of which copies are required by section 601 to be manufactured in the United States, the names of the persons or organizations who performed the processes specified by subsection (c) of section 601 with respect to that material, and the places where those processes were performed; and

(11) any other information regarded by the Register of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright. § 410. Registration of claim and issuance of certificate

(a) When, after examination, the Register of Copyrights determines that, in accordance with the provisions of this title, the material 17 deposited constitutes copyrightable subject matter and that the other legal and formal requirements of this title have been met, he shall register the claim and issue to the applicant a certificate of registration under the seal of the Copyright Office. The certificate shall contain the information given in the application, together with the number and effective date of the registration.

19

20

21

22

23

24

(b) In any case in which the Register of Copyrights determines that, in accordance with the provisions of this title, the material de25 posited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, he sall refuse registration and shall notify the applicant in writing of the reasons for his action.

26

27

28

29

30

31

32

33

34

35

36

37

38

(c) In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate. The evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court.

(d) The effective date of a copyright registration is the day on which an application, deposit, and fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registrtion, have all been received in the Copyright Office.

46

1 § 411. Registration as prerequisite to infringement suit

2

(a) Subject to the provisions of subsection (b), no action for in3 fringement of the copyright in any work shall be instituted until

4 registration of the copyright claim has been made in accordance with

5

7

8

9

11

12

this title. In any case, however, where the deposit, application, and fee 6 required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute an action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The 10 Register may, at his option, become a party to the action with respect to the issue of registrability of the copyright claim by entering his appearance within sixty days after such service, but his failure to do so shall not deprive the court of jurisdiction to determine that issue. (b) In the case of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, the copyright owner may either before or after such fixation takes place, institute an action for infringement under section 501, fully 18 subject to the remedies provided by sections 502 through 506, if, in accordance with requirements that the Register of Copyrights shall prescribe by regulation, the copyright owner

13

14

15

16

17

19

20

21

23

24

(1) serves notice upon the infringer, not less than ten or more than thirty days before such fixation, identifying the work and the specific time and source of its first transmission, and declaring an intention to secure copyright in the work; and

(2) makes registration for the work within three months after its first transmission.

27 § 412. Registration as prerequisite to certain remedies for

29 In any action under this title, other than an action instituted under 30

section 411(b), no award of statutory damages or of attorney's fees, as 31 provided by sections 504 and 505, shall be made for:

32

33

34

35

36

37

(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or (2) any infringement of copyright commenced after first publication of the work and before the effective date of its registra

tion, unless such registration is made within three months after its first publication.