23 1 2 3 4 5 6 7 8 9 10 11 12 13 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 in14 curs no liability for damages or profits under section 504 if he proves 15 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 18 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 and on terms fixed by the court. 21 23 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 31 29 (a) ERROR IN NAME.-Where the person named in the copyright 30 notice on copies or phonorecords publicly distributed by authority of 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 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 38 39 40 41 26 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 registration 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. § 408. Application for registration The application for copyright registration shall be made on a form prescribed by the Register of Copyrights and shall include: (1) the name and address of the copyright claimant; (2) in the case of a work other than an anonymous or pseudonymous work, the name and nationality or domicile of the author or authors and, if one or more of the authors is dead, the date of their deaths; (3) if the work is anonymous or pseudonymous, the nationality or domicile of the author or authors; (4) in the case of a work made for hire, a statement to this effect; (5) if the copyright claimant is not the author, a brief statement of how the claimant obtained ownership of the copyright; (6) the title of the work, together with any previous or alternative titles under which the work can be identified; (7) the year in which creation of the work was completed; (8) if the work has been published, the date and nation of its first publication; (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; and (10) 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. 27 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32 § 409. 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 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. (b) In any case in which the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, he shall refuse registration and shall notify the applicant in writing of the reasons for his action. (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 weights 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 registration, have all been received in the Copyright Office. § 410. Registration as prerequisite to infringement suit No action for infringement of the copyright in any work shall be instituted until registration of the copyright claim has been made in 29 accordance with this title. In any case, however, where the deposit, 30 application, and fee required for registration have been delivered to 31 the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute an action for infringement if 33 notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The 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. 28 1 2 3 § 411. Registration as prerequisite to certain remedies for in fringement In any action under this title, no award of statutory damages or 4 of attorney's fees, as provided by sections 504 and 505, shall be made (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 registration, unless such registration is made within three months after its first publication. CHAPTER 5-COPYRIGHT INFRINGEMENT AND 13 14 15 16 Sec. 501. Infringement of copyright. REMEDIES 502. Remedies for infringement: injunctions. 503. Remedies for infringement: impounding and disposition of infringing articles. 504. Remedies for infringement: damages and profits. 505. Remedies for infringement: costs and attorney's fees. 506. Criminal offenses. 507. Limitations on actions. 508. Notification of filing and determination of actions. § 501. Infringement of copyright (a) Anyone who violates any of the exclusive rights of the copy right owner as provided by sections 106 through 114, or who imports 17 copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright. 18 19 20 21 23 24 (b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of sections 205 (d) and 410, to institute an action for any infringement of that particular 22 right committed while he is the owner of it. The court may require him to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any. person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright. 25 26 27 28 29 30 31 32 33 § 502. Remedies for infringement: Injunctions (a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 404 (b) of this title and of section 1498 of title 28, grant temporary and final injunctions 27 1 2 3 § 409. 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 4 deposited constitutes copyrightable subject matter and that the other 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 legal and formal requirements of this title have been met, he shall reg ister 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. (b) In any case in which the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, he shall refuse registration and shall notify the applicant in writing of the reasons for his action. (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 weights 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 registration, have all been received in the Copyright Office. § 410. Registration as prerequisite to infringement suit No action for infringement of the copyright in any work shall be 28 instituted until registration of the copyright claim has been made in 29 accordance with this title. In any case, however, where the deposit, 30 application, and fee 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 34 of Copyrights. The Register may, at his option, become a party to the action with respect to the issue of registrability of the copyright 86 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. |