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1 8 409. Registration of claim and issuance of certificate 2 (a) When, after examination, the Register of Copyrights deter

mines that, in accordance with the provisions of this title, the material 4 deposited constitutes copyrightable subject matter and that the other 5

legal and formal requirements of this title have been met, he shall reg6 ister the claim and issue to the applicant a certificate of registration 7 under the seal of the Copyright Office. The certificate shall contain 8 the information given in the application, together with the number and 9 effective date of the registration. 10 (b) In any case in which the Register of Copyrights determines that, 11 in accordance with the provisions of this title, the material deposited 12 does not constitute copyrightable subject matter or that the claim is in13 valid for any other reason, he shall refuse registration and shall notify 14 the applicant in writing of the reasons for his action. 15 (c) In any judicial proceedings the certificate of a registration made 16 before or within five years after first publication of the work shall con17 stitute prima facie evidence of the validity of the copyright and of the 18 facts stated in the certificate. The evidentiary weights to be accorded 19 the certificate of a registration made thereafter shall be within the 20 discretion of the court. 21 (d) The effective date of a copyright registration is the day on 22 which an application, deposit, and fee, which are later determined by

the Register of Copyrights or by a court of competent jurisdiction to 24 be acceptable for registration, have all been received in the Copyright 25 Office. 26 8 410. 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

accordance with this title. In any case, however, where the deposit, 80 application, and fee required for registration have been delivered to 31 the Copyright Office in proper form and registration has been refused, 32 the applicant is entitled to institute an action for infringement if 83 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 85 the action with respect to the issue of registrability of the copyright 86 claim by entering his appearance within sixty days after such service, 37 but his failure to do so shall not deprive the court of jurisdiction to

determine that issue.

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1 $ 411. Registration as prerequisite to certain remedies for in2

fringement 3 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 5 for: 6

(1) any infringement of copyright in an unpublished work com7 menced before the effective date of its registration; or 8

(2) any infringement of copyright commenced after first pub9 lication of the work and before the effective date of its registra10 tion, unless such registration is made within three months after 11

its first publication. 12

CHAPTER 5–COPYRIGHT INFRINGEMENT AND 13

REMEDIES

Sec.

501. Infringement of copyright.
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.

14 8 501. Infringement of copyright 15 (a) Anyone who violates any of the exclusive rights of the copy16 right owner as provided by sections 106 through 114, or who imports 17 copies or phonorecords into the United States in violation of section 18 602, is an infringer of the copyright. 19 (b) The legal or beneficial owner of an exclusive right under a copy20 right is entitled, subject to the requirements of sections 205(d) and 21 410, to institute an action for any infringement of that particular 22 right committed while he is the owner of it. The court may require 23 him to serve written notice of the action with a copy of the complaint 24

upon any person shown, by the records of the Copyright Office or

otherwise, to have or claim an interest in the copyright, and shall re26 quire that such notice be served upon any person whose interest is 27 likely to be affected by a decision in the case. The court may require 28 the joinder, and shall permit the intervention, of any person having 29 or claiming an interest in the copyright. 30 8 502. Remedies for infringement: Injunctions 31 (a) Any court having jurisdiction of a civil action arising under 32 this title may, subject to the provisions of section 404 (b) of this title 33 and of section 1498 of title 28, grant temporary and final injunctions

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1 8 409. Registration of claim and issuance of certificate 2 (a) When, after examination, the Register of Copyrights deter3 mines that, in accordance with the provisions of this title, the material 4 deposited constitutes copyrightable subject matter and that the other 5 legal and formal requirements of this title have been met, he shall reg6 ister the claim and issue to the applicant a certificate of registration 7 under the seal of the Copyright Office. The certificate shall contain 8 the information given in the application, together with the number and 9 effective date of the registration. 10 (b) In any case in which the Register of Copyrights determines that, 11 in accordance with the provisions of this title, the material deposited

does not constitute copyrightable subject matter or that the claim is in13 valid for any other reason, he shall refuse registration and shall notify 14 the applicant in writing of the reasons for his action. 16 (c) In any judicial proceedings the certificate of a registration made 16 before or within five years after first publication of the work shall con17 stitute prima facie evidence of the validity of the copyright and of the 18 facts stated in the certificate. The evidentiary weights to be accorded 19 the certificate of a registration made thereafter shall be within the 20 discretion of the court. 21 (d) The effective date of a copyright registration is the day on 22 which an application, deposit, and fee, which are later determined by 23 the Register of Copyrights or by a court of competent jurisdiction to 24 be acceptable for registration, have all been received in the Copyright 25 Office.

8 410. Registration as prerequisite to infringement suit 27 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, 80 application, and fee required for registration have been delivered to 31 the Copyright Office in proper form and registration has been refused, 32 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 85 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 38 determine that issue.

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8 411. Registration as prerequisite to certain remedies for in

fringement In any action under this title, no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made

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for:

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(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

REMEDIES
Sec.
501. Infringement of copyright.
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.

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14 8 501. Infringement of copyright 15 (a) Anyone who violates any of the exclusive rights of the copy16 right owner as provided by sections 106 through 114, or who imports 17 copies or phonorecords into the United States in violation of section 18 602, is an infringer of the copyright. 19 (b) The legal or beneficial owner of an exclusive right under a copy20 right is entitled, subject to the requirements 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 24 upon any person shown, by the records of the Copyright Office or 25 otherwise, to have or claim an interest in the copyright, and shall re26 quire that such notice be served upon any person whose interest is 27 likely to be affected by a decision in the case. The court may require 28 the joinder, and shall permit the intervention, of any person having 29 or claiming an interest in the copyright. 30 8 502. Remedies for infringement: Injunctions 31 (a) Any court having jurisdiction of a civil action arising under 32 this title may, subject to the provisions of section 404 (b) of this title 33 and of section 1498 of title 28, grant temporary and final injunctions

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on such terms as it may deem reasonable to prevent or restrain in2 fringement of a copyright. 3 (b) Any such injunction may be served anywhere in the United 4 States on the person enjoined; it shall be operative throughout the 5 United States and shall be enforceable, by proceedings in contempt or 6 otherwise, by any United States court having jurisdiction of that per7

The clerk of the court granting the injunction shall, when re8 quested by any other court in which enforcement of the injunction is 9 sought, transmit promptly to the other court a certified copy of all the 10 papers in the case on file in his office. 11 8 503. Remedies for infringement: Impounding and disposition

of infringing articles 18 (a) At any time while an action under this title is pending, the court 14 may order the impounding, on such terms as it may deem reasonable,

of all copies or phonorecords claimed to have been made or used in 16 violation of the copyright owner's exclusive rights, and of all plates, 17 molds, matrices, masters, tapes, film negatives, or other articles by 18 means of which such copies or phonorecords may be reproduced. 19 (b) As part of a final judgment or decree, the court may order the 20

destruction or other reasonable disposition of all copies or phono21 records found to have been made or used in violation of the copyright 22 owner's exclusive rights, and of all plates, molds, matrices, masters, 23 tapes, film negatives, or other articles by means of which such copies

or phonorecords may be reproduced. 25

8 504. Remedies for infringement: Damages and profits 26

(a) IN GENERAL.—Except as otherwise provided by this title, an

infringer of copyright is liable for either: 28

(1) the copyright owner's actual damages and any additional 29

profits of the infringer, as provided by subsection (b); or 30

(2) statutory damages, as provided by subsection (c). 31

(b) ACTUAL DAMAGES AND PROFITS.—The copyright owner is 32

entitled to recover the actual damages suffered by him as a result of the 33

infringement, and any profits of the infringer that are attributable to 34

the infringement and are not taken into account in computing the 35

actual damages. In establishing the infringer's profits, the copy86

right owner is required to present proof only of the infringer's gross 37

revenue, and the infringer is required to prove his deductible expenses 38

and the elements of profit attributable to factors other than the copy89

righted work.

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