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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

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1 copyright notice prescribed by sections 401 and 402 from copies or 2 phonorecords publicly distributed by authority of the copyright 3 owner does not invalidate the copyright in a work if: 4

(1) the notice has been omitted from no more than a relatively 5 small number of copies or phonorecords distributed to the public; 6 7

(2) registration for the work under section 407 has been made 8 before or is made within five years after the publication without 9 notice, and a reasonable effort is made to add notice to all copies 10 or phonorecords that are distributed to the public in the United 11 States after the omission has been discovered. 12 (b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.—Any person 13 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, 21 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.

(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 8 405. 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 undertak86 ing in good faith under a purported transfer or license from the person 37 named therein, unless before the undertaking was begun: 38 (1) registration for the work under section 407 had been made

in the name of the owner of copyright; or

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tion, 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.
8 402. 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 copyright 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 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.

(d) EFFECTIVE DATE OF REQUIREMENT.—The requirements of this section apply to all phonorecords publicly distributed on or after January 1, 1967. 8 403. 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). 8 404. Notice of copyright: Omission of notice

(a) EFFECT OF OMISSION ON COPYRIGHT.—The omission of the

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1 copyright notice prescribed by sections 401 and 402 from copies or 2 phonorecords publicly distributed by authority of the copyright 3 owner does not invalidate the copyright in a work if: 4

(1) the notice has been omitted from no more than a relatively 5 small number of copies or phonorecords distributed to the public; 6 7

(2) registration for the work under section 407 has been made 8 before or is made within five years after the publication without 9 notice, and a reasonable effort is made to add notice to all copies 10 or phonorecords that are distributed to the public in the United 11 States after the omission has been discovered. 12 (b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.—Any person 13 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, 21 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. 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 $ 405. 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 (1) registration for the work under section 407 had been made 39 in the name of the owner of copyright; or

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1 registration for a group of related works. This administrative classi2 fication of works has no significance with respect to the subject matter 3 of copyright or the exclusive rights provided by this title. 4 (d) CORRECTIONS AND AMPLIFICATIONS.—The Register may also 5 establish, by regulation, formal procedures for the filing of an applica6 tion for supplementary registration, to correct an error in a copyright 7 registration or to amplify the information given in a registration. 8 Such application shall be accompanied by the fee provided by section 9 708, and shall clearly identify the registration to be corrected or ampli10 fied. The information contained in a supplementary registration aug11 ments but does not supersede that contained in the earlier registration. 12 (e) PUBLISHED EDITION OF PREVIOUSLY REGISTERED WORK.-Regis13 tration for the first published edition of a work previously registered 14 in unpublished form may be made even though the work as published 15 is substantially the same as the unpublished version.

8 408. Application for registration 17 The application for copyright registration shall be made on a form 18 prescribed by the Register of Copyrights and shall include: 19

(1) the name and address of the copyright claimant; 20

(2) in the case of a work other than an anonymous or pseudony21 mous work, the name and nationality or domicile of the author or 22 authors and, if one or more of the authors is dead, the date of 23 their deaths; 24

(3) if the work is anonymous or pseudonymous, the nationality 25 or domicile of the author or authors; 26

(4) in the case of a work made for hire, a statement to this 27

effect;

(5) if the copyright claimant is not the author, a brief state29 ment of how the claimant obtained ownership of the copyright; 30

(6) the title of the work, together with any previous or alterna31

tive titles under which the work can be identified ; 32

(7) the year in which creation of the work was completed; 33

(8) if the work has been published, the date and nation of its 34 first publication; 35

(9) in the case of a compilation or derivative work, an identi36 fication of any pre-existing work or works that it is based on or 37 incorporates, and a brief, general statement of the additional 38 material covered by the copyright claim being registered ; and 39 (10) any other information regarded by the Register of Copy40 rights as bearing upon the preparation or identification of the 41 work or the existence, ownership, or duration of the copyright.

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