Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · United States
Section 411. Registration and infringement actions [10]
(1) serves notice upon the infringer, not less than 48 hours before such fixation, identifying the work and the specific time and source of its first transmission, and declaring an intention to secure copyright in the work; and (2) makes registration for the work, if required by subsection (a), within three months after its first transmission. Section 412. Registration as prerequisite to certain remedies for infringement [11] In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a) or an action instituted under section 411(b), no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made for (1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or (2) any infringement of copyright commenced after first publication of the work and before the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 the first publication of the work. ------------------ Chapter 4 Endnotes 1 The Berne Convention Implementation Act of 1988 amended section 401 as follows: 1) in subsection (a), by changing the heading to "General Provisions" and by inserting "may be placed on" in lieu of "shall be placed on all"; 2) in subsection (b), by inserting "If a notice appears on the copies, it" in lieu of "The notice appearing on the copies"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.
2 The Berne Convention Implementation Act of 1988 amended section 402 as follows: 1) in subsection (a), by changing the heading to "General Provisions" and by inserting "may be placed on" in lieu of "shall be placed on all"; 2) in subsection (b), by inserting "If a notice appears on the phonorecords, it" in lieu of "The notice appearing on the phonorecords"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857. 3 The Berne Convention Implementation Act of 1988 amended section 403 in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858. 4 The Berne Convention Implementation Act of 1988 amended section 404 as follows: 1) in the second sentence of subsection (a), by inserting "to invoke the provisions of section 401(d) or 402(d), as applicable" in lieu of "to satisfy the requirements of sections 401 through 403" and 2) in subsection (b), by inserting "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," at the beginning of the sentence. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
5 The Berne Convention Implementation Act of 1988 amended section 405 as follows: 1) in subsection (a), by inserting "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 of the copyright notice described in" at the beginning of the first sentence, in lieu of "The omission of the copyright notice prescribed by"; 2) in subsection (b), by inserting after "omitted," in the first sentence, "and which was publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988"; and 3) by amending the section heading to add "on certain copies and phonorecords" at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858. 6 The Berne Convention Implementation Act of 1988 amended section 406 as follows: 1) in subsection (a), by inserting "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," at the beginning of the first sentence; 2) in subsection (b), by inserting "before the effective date of the Berne Convention Implementation Act of 1988" after "distributed"; 3) in subsection (c), by inserting "before the effective date of the Berne Convention Implementation Act of 1988" after "publicly distributed" and by inserting "as in effect on the day before the effective date of the Berne Convention Implementation Act of 1988" after "405"; and 4) by amending the section heading to add "on certain copies and phonorecords" at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
7 The Berne Convention Implementation Act of 1988 amended section 407 by striking out the words "with notice of copyright" in subsection (a). Pub. L. No. 100-568, 102 Stat. 2853, 2859. 8 The Berne Convention Implementation Act of 1988 amended section 408 by deleting "Subject to the provisions of section 405(a)," at the beginning of the second sentence of subsection (a). Pub. L. No. 100-568, 102 Stat. 2853, 2859. That Act also amended section 408(c)(2) by inserting "the following conditions:" in lieu of "all of the following conditions" and by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. *Id.* The Copyright Renewal Act of 1992 amended section 408 by revising the first sentence of subsection (a), preceding the words "the owner of copyright or of any exclusive right." Pub. L. No. 102-307, 106 Stat. 264, 266. 9 The Copyright Renewal Act of 1992 amended section 409 by adding the last sentence. Pub. L. No. 102-307, 106 Stat. 264, 266. 10 The Berne Convention Implementation Act of 1988 amended section 411 as follows: 1) in subsection (a), by inserting "Except for actions for infringement of copyright in Berne Convention works whose country of origin is not the United States, and" before "subject"; 2) in paragraph (b)(2), by inserting ", if required by subsection (a)," after "work"; and 3) by inserting "and infringement actions" in the heading, in lieu of "as prerequisite to infringement suit." Pub. L. No. 100-568, 102 Stat. 2853, 2859.
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