Page:United States Statutes at Large Volume 90 Part 2.djvu/1110

 90 STAT. 2578

17 USC 405.

PUBLIC LAW 94-553—OCT. 19, 1976 contribution that does not bear its own notice, the case is governed by the provisions of section 4 0 6 (a). § 405. Notice of copyright: Omission of notice (a) E F F E C To r OMISSION ON COPYRIGHT.—The omission of the copy-

r i g h t notice prescribed by sections 401 through 403 from copies o r 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 has been made before or is made within five years after the publication without notice, and a reasonable effort is made to a d d 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 a n express requirement i n 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) E F F E C T OF OMISSION ON I N N O C E N T I N F R I N G E R S. — 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, if such person proves that he or she was misled by the omission of notice. I n 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 under taking or may require, as a condition or permitting the continuation of the infringing undertaking, that the infringer p a y the copyright owner a reasonable license fee in an amount and on terms fixed by the court. (c) REMOVAL OF NOTICE.—Protection under this title is not affected by the removal, destruction, or obliteration of the notice, without the authorization of the copyright owner, from any publicly distributed copies or phonorecords. 17 USC 406.

§ 406. Notice of copyright: Error in name or date (a) ERROR I N NAME.—Where the person named i n the copyright notice on copies or phonorecords publicly distributed by authority of the copyright owner is not the owner of copyright, the validity and ownership of the copyright are not affected. I n such a case, however, any person who innocently begins an under taking that infringes the copyright has a complete defense to any action for such infringement if such person proves that he or she was misled by the notice and began the undertaking in good faith under a purported transfer or license from the person named therein, unless before the under taking was begun— (1) registration for the work h a d been made in the name of the owner of c o p y r i g h t; or (2) a document executed by the person named in the notice and showing the ownership o t the copyright h a d been recorded. The person named in the notice is liable to account to the copyright owner for all receipts from transfers or licenses p u r p o r t e d l y made under the copyright by the person named in the notice. (b) ERROR I N DATE.—When the year date in the notice on copies or phonorecords distributed by authority of the copyright owner i s earlier than the year in which publication first occurred, any period

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