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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. 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, the register shall refuse registration and. (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 weight 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. Registration and civil infringement actions 11 (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b no civil action for infringement of the copyright in any United States work. In any case, however, where the deposit, 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 a civil action for infringement if notice thereof, with a copy. The register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service, but the registers failure to become a party shall not.
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This administrative classification of works has no significance with respect sons to the past subject matter of copyright or the exclusive rights provided by this title. (2) Without prejudice to the general authority provided under clause (1 the register of Copyrights shall establish regulations specifically permitting a single registration for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, within a twelve-month. (3) As an alternative to separate renewal registrations under subsection (a) of section 304, a single renewal registration may be made for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, upon the filing. (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. (f) Preregistration of Works being Prepared for Commercial Distribution.— (1) Rulemaking.—Not later than 180 days after the date of enactment of this subsection, the register of Copyrights shall issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution. (2) Class of works.—The regulations established under paragraph (1) shall permit preregistration for any work that is in a class of works that the register determines has had a history of infringement prior to authorized commercial distribution. (3) Application for registration.—Not later than 3 months after the first publication of a work preregistered under this subsection, the applicant shall submit to the copyright Office (A) an application for registration of the work; (B) a deposit; and (C) the applicable fee. (4) Effect of untimely application.—An action under this chapter for infringement of a work preregistered under this subsection, in a case in which the infringement commenced no later than 2 months after the first publication of the work, shall be dismissed if the items described. Application for copyright registration 10 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. If an application is submitted for the renewed and extended term provided for in section 304(A) and an original term registration has not been made, the register may request information with respect to the existence, ownership, or duration of the copyright for the original term.
(e) With respect to transmission programs that have been fixed and transmitted to the public in the United States but have not been published, the register of Copyrights shall, after consulting with the librarian of Congress and other interested organizations and officials, establish regulations governing. (1) The librarian of Congress shall be permitted, under the standards and conditions set forth in such regulations, to make a fixation of a transmission program directly from a transmission to the public, and to reproduce one copy or phonorecord from such fixation for archival. (2) Such regulations shall also provide standards and procedures by which the register of Copyrights may make written demand, upon the owner of the right of transmission in the United States, for the deposit of a copy or phonorecord of a specific transmission program. Such deposit may, at the option of the owner of the right of transmission in the United States, be accomplished by gift, by loan for purposes of reproduction, or by sale at a price not to exceed the cost of reproducing and supplying the copy. The regulations established under this clause shall provide reasonable periods of not less than three months for compliance with a demand, and shall allow for extensions of such periods and adjustments in the scope of the demand or the methods for fulfilling it, as reasonably. Willful failure or refusal to comply with the conditions prescribed by such regulations shall subject the owner of the right of transmission in the United States to liability for an amount, not to exceed the cost of reproducing and supplying the copy or phonorecord.
(3) Nothing in this subsection shall be construed to require the making or retention, for purposes of deposit, of any copy or phonorecord of an unpublished transmission program, the transmission of which occurs before the receipt of a specific written demand as provided by clause. (4) no activity undertaken in compliance with regulations prescribed under clauses (1) and (2) of this subsection shall result in liability if intended solely to assist in the acquisition of copies or phonorecords under this subsection. Copyright registration in general 9 (a) Registration Permissive.—At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before january 1, 1978, and during the subsistence of any copyright secured. Such registration is not a condition of copyright protection. (b) Deposit for Copyright Registration.—Except as provided by sub-section (c the material deposited for registration shall include— (1) in the case of an unpublished work, one complete copy or phonorecord; (2) in the case of a published work, two complete copies or phonorecords of the. Copies or phonorecords deposited for the library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the register may, by regulation. The register shall also prescribe regulations establishing requirements under which copies or phonorecords acquired for the library of Congress under subsection (e) of section 407, otherwise than by deposit, may be used to satisfy the deposit provisions of this section. (c) Administrative classification and Optional Deposit— (1) The register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration, and the nature of the copies or phonorecords to be deposited. The regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works.
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Neither the deposit requirements of this subsection nor the acquisition provisions of subsection (e) are conditions of copyright protection. (b) The required copies or phonorecords shall be deposited in the copyright Office for the use or disposition of the library of Congress. The register of Copyrights shall, when requested by the depositor and upon payment of the fee prescribed by section 708, issue a receipt for the deposit. (c) The register of Copyrights may by regulation exempt any categories of material from the deposit requirements of this section, or require deposit of only one copy or phonorecord with respect to any categories. Such regulations shall provide either for complete exemption from the deposit requirements of this section, or for alternative forms of deposit aimed at providing a satisfactory archival record of a work without imposing practical or financial hardships on the depositor, where the individual author. (d) At any time after publication of a work as provided by subsection (a the register of Copyrights may make written demand for the required deposit on any of the persons obligated to make the deposit under barbing subsection (a). Unless deposit is made within three months after the demand is received, the person or persons on whom the demand was made are liable— (1) to a fine of not more than 250 for each work; and (2) to pay into a specially designated fund.
before the effective date. In a suit for infringement in such a case the court may allow or disallow recovery of any of the infringers profits attributable to the infringement, and may enjoin the continuation of the infringing undertaking or may require, as a condition for permitting the continuation. (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. Notice of copyright: Error in name or date on certain copies and phonorecords 7 (a) Error in Name.—With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the berne convention Implementation Act of 1988, where the. In such a case, however, any person who innocently begins an undertaking 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. The person named in the notice is liable to account to the copyright owner for all receipts from transfers or licenses purportedly made under the copyright by the person named in the notice. (b) Error in Date.—When the year date in the notice on copies or phonorecords distributed before the effective date of the berne convention Implementation Act of 1988 by authority of the copyright owner is earlier than the year in which publication first occurred, any period. Where the year date is more than one year later than the year in which publication first occurred, the work is considered to have been published without any notice and is governed by the provisions of section 405. (c) Omission of Name or Date.—Where copies or phonorecords publicly distributed before the effective date of the berne convention Implementation Act of 1988 by authority of the copyright owner contain no name or no date that could reasonably be considered a part of the notice. Deposit of copies or phonorecords for Library of Congress 8 (a) Except as provided by subsection (c and subject to the provisions of subsection (e the owner of copyright or of the exclusive right of publication in a work published in the United States shall.
(b) Form of Notice.—If a notice appears on the phonorecords, it shall consist of the following three elements: (1) the symbol? (the letter p in a circle and (2) the year of first publication of the sound recording; and (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. (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) evidentiary weight of Notice.—If a notice of copyright in the form and position specified by this section appears on the published phonorecord or phonorecords to which a defendant in a copyright infringement suit had access, then no weight shall be given to such. Notice of copyright: Publications incorporating United States government works 4, sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States government unless the notice of copyright appearing on the. Notice of copyright: Contributions to collective works 5 (a) A separate contribution to a collective work may bear its own notice of copyright, as provided by sections 401 through 403. However, a single notice applicable to the collective work as a whole is sufficient to invoke the provisions of section 401(d) or 402(d as applicable with respect to the separate contributions it contains (not including advertisements london inserted on behalf of persons other than the owner. (b) With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the berne convention Implementation Act of 1988, where the person named in a single notice applicable to a collective work as a whole is not. Notice of copyright: Omission of notice on certain copies and phonorecords 6 (a) Effect of Omission on Copyright.—With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the berne convention Implementation Act of 1988, the omission.
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Knights of Pen and Paper. Notice of copyright: Visually perceptible copies 2 (a) General Provisions.—Whenever a work protected under this title is published in the United States or friend elsewhere by authority of the copyright owner, a notice of copyright as provided by this section may be placed on publicly distributed. (b) Form of Notice.—If a notice appears on the copies, it shall consist of the following three elements: (1) the symbol (the letter c in a circle or the word Copyright, or the abbreviation Copr.; and (2) the year of first publication of the work;. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying text matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles; and (3) the name of the owner of copyright. (c) Position of Notice.—The notice shall be affixed to the copies in such manner and location as to give reasonable notice of the claim of copyright. The register of Copyrights shall prescribe by regulation, 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. (d) evidentiary weight of Notice.—If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such. Notice of copyright: Phonorecords of sound recordings 3 (a) General Provisions.—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 may be placed.