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nate the grant under clause (1) of this subsection, or by their duly authorized agents. In the case of a grant executed by one or more 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 termi. nation, 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 subjeet 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

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of the grant become vested on the date the notice of termination has been served as provided by clause (4) of this subsection.

(C) Where an author's rights revert to two or more persons under clause (2) of this subsection, they shall vest in those persons in the proportionate shares provided by that clause. In such a case, and subject to the provisions of subclause (D) of this clause, a further grant, or agreement to make a further grant, of a particular author's share with respect to any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under this clause, as are required to terminate the grant under clause (2) of this subsection. Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under this subclause, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him, his legal representatives, legatees, or heirs at law represent him for purposes of this subclass.

(D) 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 author or any of the persons provided by the first sentence of clause (6) of this subsection, or between the persons provided by subclause (C) of this clause, and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (4) of this subsection.

(E) Termination of a grant under this subsection affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(F) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues

in effect for the remainder of the extended renewal term. 8 305. Duration of copyright: Terminal date

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

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1 Chapter 4 COPYRIGHT NOTICE, DEPOSIT, AND 2

REGISTRATION
Sec.
40 Notice of copyright : Visually perceptible copies.
402. Notice of copyright: Phonorecords of sound recordings.
403. Notice of copyright: Publications incorporating United States Government

works.
404. Notice of copyright: Contributions to collective works.
405. Notice of copyight: Omission of notice.
406. Notice of copyright: Error in name or date.
407. Deposit of copies or phonorecords for Library of Congress.
408. Copyright registration in general.
409. Application for registration.
410. Registration of claim and issuance of certificate.
411. Registration as prerequisite to infringement sult.

412. Registration as prerequisite to certain remedies for infringement. 3 8 401. Notice of copyright: Visually perceptible copies 4 (a) GENERAL REQUIREMENT.—Whenever a work protected under

this title is published in the United States or elsewhere by authority of 6 the copyright owner, a notice of copyright as provided by this section 7 shall be placed on all publicly distributed copies from which the work 8 can be visually perceived, either directly or with the aid of a machine 9 or device. 10 (b) FORM OF NOTICE.—The notice appearing on the copies shall con11 sist of the following three elements: 12

(1) the symbol © (the letter C in a circle), the word "Copy13 right,” or the abbreviation "Copr."; 14

(2) the year of first publication of the work; in the case of 15 compilations or derivative works incorporating previously pub16 lished material, the year date of first publication of the compila17 tion or derivative work is sufficient. The year date may be omitted 18 where a pictorial, graphic, or sculptural work, with accompanying 19 text matter, if any, is reproduced in or on greeting cards, post20 cards, stationery, jewelry, dolls, toys, or any useful articles; 21

(3) the name of the owner of copyright in the work, or an ab22 breviation by which the name can be recognized, or a generally 23 known alternative designation of the owner.

(c) POSITION OF NOTICE.—The notice shall be affixed to the copies 25 in such manner and location as to give reasonable notice of the claim 26 of copyright. The Register of Copyrights shall prescribe by regula27 tion, as examples, specific methods of affixation and positions of the 28 notice on various types of works that will satisfy this requirement, but 29 these specifications shall not be considered exhaustive. 30 & 402. Notice of copyright: Phonorecords of sound recordings 31 (a) GENERAL REQUIREMENT.—Whenever a sound recording protect

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1 ed under this title is published in the United States or elsewhere by 2 authority of the copyright owner, a notice of copyright as provided 3 by this section shall be placed on all publicly distributed phonorecords 4 of the sound recording. 5 (b) FORM OF NOTICE.— The notice appearing on the phonorecords 6 shall consist of the following three elements: 7

(1) the symbol ® (the letter P in a circle); 8

(2) the year of first publication of the sound recording;

(3) the name of the owner of copyrights in the sound record10 ing, or an abbreviation by which the name can be recognized, or a 11 generally known alternative designation of the owner; if the 12 producer of the sound recording is named on the phonorecord 13 labels or containers, and if no other name appears in conjunction 14 with the notice, his name shall be considered a part of the notice. 15 (c) POSITION OF NOTICE.--The notice shall be placed on the surface 16 of the phonorecord, or on the phonorecord label or container, in such 17 manner and location as to give reasonable notice of the claim of copy18 right. 19 8 403. Notice of copyright: Publications incorporating United

States Government works 21 Whenever a work is published in copies or phonorecords consisting 22 preponderantly of one or more works of the United States Govern23 ment, the notice of copyright provided by section 401 or 402 shall

also include a statement identifying, either affirmatively or negatively, 25 those portions of the copies or phonorecords embodying any work or

works protected under this title. 27 8 404. Notice of copyright: Contributions to collective works 28 (a) A separate contribution to a collective work may bear its own 29 notice of copyright, as provided by sections 401 through 403. How30 ever, a single notice applicable to the collective work as a whole is 31 sufficient to satisfy the requirements of sections 401 through 403 with 32 respect to the separate contributions it contains (not including adver33 tisements inserted on behalf of persons other than the owner of copy34 right in the collective work), regardless of the ownership of copyright 35 in the contributions and whether or not they have been previously 36 published. 37 (b) Where the person named in a single notice applicable to a col38 lective work as a whole is not the owner of copyright in a separate 39 contribution that does not bear its own notice, the case is governed 40 by the provisions of section 406(a).

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1 8 405. Notice of copyright: Omission of notice 2 (a) EFFECT OF OMISSION ON COPYRIGHT.—The omission of the copy3 right notice prescribed by sections 401 through 403 from copies or 4 phonorecords publicly distributed by authority of the copyright 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 rea11 sonable effort is made to add notice to all copies or phonorecords 12 that are distributed to the public in the United States after the 13 omission has been discovered ; or 14 (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 omitted, 21 incurs no liability for actual or statutory damages under section 504 22 for any infringing acts committed before receiving actual notice that 23 registration for the work had been made under section 408, if he proves 24 that he was misled by the omission of notice. In a suit for infringe25 ment in such a case the court may allow or disallow recovery of any 26 of the infringer's profits attributable to the infringement, and may 27 enjoin the continuation of the infringing undertaking or may require, 28 as a condition for permitting the infringer to continue his undertak29 ing, that he pay the copyright owner a reasonable license fee in an 30 amount and on terms fixed by the court: 31 (c) REMOVAL OF NOTICE.-Protection under this title is not affected 32 by the removal, destruction, or obliteration of the notice, without the 33 authorization of the copyright owner, from any publicly distributed 84 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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