| Copyright Notice, Deposit, and Registration
§ 401. Notice of copyright: Visually perceptible
copies1
(a) General Provisions. — Whenever a work
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 on
publicly distributed copies from which the work can be visually
perceived, either directly or with the aid of a machine or
device.
(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; in the case
of compilations or derivative works incorporating previously
published material, the year date of first publication of
the compilation or derivative work is sufficient. 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 in the work, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner.
(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 a defendant's interposition
of a defense based on innocent infringement in mitigation
of actual or statutory damages, except as provided in the
last sentence of section 504(c)(2).
§ 402. Notice of copyright: Phonorecords
of sound recordings2
(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
on publicly distributed phonorecords of the sound recording.
(b) Form of Notice. — If a notice appears
on the phonorecords, it shall consist of the following three
elements:
(1) the symbol with 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 designation of the owner; if
the producer of the sound recording is named on the phonorecord
labels or containers, and if no other name appears in conjunction
with the notice, the producer's name shall be considered a
part of the notice.
(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 a defendant's
interposition of a defense based on innocent infringement
in mitigation of actual or statutory damages, except as provided
in the last sentence of section 504(c)(2).
§ 403. Notice of copyright: Publications
incorporating United States Government works3
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 published copies or phonorecords to which
a defendant in the copyright infringement suit had access
includes a statement identifying, either affirmatively or
negatively, those portions of the copies or phonorecords embodying
any work or works protected under this title.
§ 404. Notice of copyright: Contributions
to collective works4
(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 inserted
on behalf of persons other than the owner of copyright in
the collective work), regardless of the ownership of copyright
in the contributions and whether or not they have been previously
published.
(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 the owner of copyright in a separate
contribution that does not bear its own notice, the case is
governed by the provisions of section
406(a).
§ 405. Notice of copyright: Omission of
notice on certain copies and phonorecords5
(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
of the copyright notice described in sections 401 through 403 from copies or 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 add 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 an express
requirement in 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) Effect of Omission on Innocent Infringers.
— Any person who innocently infringes a copyright, in
reliance upon an authorized copy or phonorecord from which
the copyright notice has been omitted and which was publicly
distributed by authority of the copyright owner before the
effective date of the Berne Convention Implementation Act
of 1988, 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. In 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 undertaking
or may require, as a condition for permitting the continuation
of the infringing undertaking, that the infringer pay 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.
§ 406. Notice of copyright: Error in name
or date on certain copies and phonorecords6
(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 person named in 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.
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 faith under a purported transfer or license
from the person named therein, unless before the undertaking
was begun-
(1) registration for the work had been made in the name of
the owner of copyright; or
(2) a document executed by the person named in the notice
and showing the ownership of the copyright had been recorded.
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
computed from the year of first publication under section
302 is to be computed from the year in the notice. 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,
the work is considered to have been published without any
notice and is governed by the provisions of section
405 as in effect on the day before the effective date
of the Berne Convention Implementation Act of 1988.
§ 407. Deposit of copies or phonorecords
for Library of Congress7
(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 deposit, within three months after
the date of such publication —
(1) two complete copies of the best edition; or
(2) if the work is a sound recording, two complete phonorecords
of the best edition, together with any printed or other visually
perceptible material published with such phonorecords.
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 is the owner of copyright in a
pictorial, graphic, or sculptural work and (i) less than five
copies of the work have been published, or (ii) the work has
been published in a limited edition consisting of numbered
copies, the monetary value of which would make the mandatory
deposit of two copies of the best edition of the work burdensome,
unfair, or unreasonable.
(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 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 in the Library
of Congress the total retail price of the copies or phonorecords
demanded, or, if no retail price has been fixed, the reasonable
cost to the Library of Congress of acquiring them; and
(3) to pay a fine of $2,500, in addition to any fine or liability
imposed under clauses (1) and (2), if such person willfully
or repeatedly fails or refuses to comply with such a demand.
(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 the acquisition, through deposit or otherwise, of
copies or phonorecords of such programs for the collections
of the Library of Congress.
(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 purposes.
(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 or phonorecord. 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
warranted by the circumstances. 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
in question, to be paid into a specially designated fund in
the Library of Congress.
(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 (2).
(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.
§ 408. Copyright registration in general8
(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 on or after that date, the owner
of copyright or of any exclusive right in the work may obtain
registration of the copyright claim by delivering to the Copyright
Office the deposit specified by this section, together with
the application and fee specified by sections 409 and 708.
Such registration is not a condition of copyright protection.
(b) Deposit for Copyright Registration. —
Except as provided by subsection (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 best edition;
(3) in the case of a work first published outside the United
States, one complete copy or phonorecord as so published;
(4) in the case of a contribution to a collective work, one
complete copy or phonorecord of the best edition of the collective
work.
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, require. 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 in
the various classes specified. 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. This
administrative classification of works has no significance
with respect to the 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 period, on the basis of a single deposit, application,
and registration fee, under the following conditions —
(A) if the deposit consists of one copy of the entire issue
of the periodical, or of the entire section in the case of
a newspaper, in which each contribution was first published;
and
(B) if the application identifies each work separately, including
the periodical containing it and its date of first publication.
(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 of a
single application and fee, under all of the following conditions:
(A) the renewal claimant or claimants, and the basis of claim
or claims under section 304(a),
is the same for each of the works; and
(B) the works were all copyrighted upon their first publication,
either through separate copyright notice and registration
or by virtue of a general copyright notice in the periodical
issue as a whole; and
(C) the renewal application and fee are received not more
than twenty-eight or less than twenty-seven years after the
thirty-first day of December of the calendar year in which
all of the works were first published; and
(D) the renewal application identifies each work separately,
including the periodical containing it and its date of first
publication.
(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.
§ 409. Application for copyright registration9
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 or pseudonymous
work, the name and nationality or domicile of the author or
authors, and, if one or more of the authors is dead, the dates
of their deaths;
(3) if the work is anonymous or pseudonymous, the nationality
or domicile of the author or authors;
(4) in the case of a work made for hire, a statement to this
effect;
(5) if the copyright claimant is not the author, a brief
statement of how the claimant obtained ownership of the copyright;
(6) the title of the work, together with any previous or
alternative titles under which the work can be identified;
(7) the year in which creation of the work was completed;
(8) if the work has been published, the date and nation of
its first publication;
(9) in the case of a compilation or derivative work, an identification
of any preexisting work or works that it is based on or incorporates,
and a brief, general statement of the additional material
covered by the copyright claim being registered;
(10) in the case of a published work containing material
of which copies are required by section
601 to be manufactured in the United States, the names
of the persons or organizations who performed the processes
specified by subsection (c) of section 601 with respect to that material, and the
places where those processes were performed; and
(11) any other information regarded by the Register of Copyrights
as bearing upon the preparation or identification of the work
or the existence, ownership, or duration of the copyright.
If an application is submitted for the renewed and extended
term provided for in section 304(a)(3)(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.
§ 410. 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 met, the Register shall register the claim and issue
to the applicant a certificate of registration under the seal
of the Copyright Office. 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 shall notify the
applicant in writing of the reasons for such refusal.
(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 Copyright Office.
§ 411. Registration and infringement actions10
(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 action
for infringement of the copyright in any United States work
shall be instituted until registration of the copyright claim
has been made in accordance with this title. 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 an action for infringement if notice
thereof, with a copy of the complaint, is served on the Register
of Copyrights. 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 Register's failure to become
a party shall not deprive the court of jurisdiction to determine
that issue.
(b) In the case of a work consisting of sounds, images, or
both, the first fixation of which is made simultaneously with
its transmission, the copyright owner may, either before or
after such fixation takes place, institute an action for infringement
under section 501, fully subject
to the remedies provided by sections 502 through 506 and sections 509
and 510, if, in accordance
with requirements that the Register of Copyrights shall prescribe
by regulation, the copyright owner —
(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.
§ 412. Registration as prerequisite to certain
remedies for infringement11
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.
1The 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.
2The 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.
3The Berne Convention Implementation
Act of 1988 amended section 403
in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858.
4The 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.
5The 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.
6The 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.
7The 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.
8The 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.
9The Copyright Renewal Act of
1992 amended section 409
by adding the last sentence. Pub. L. No. 102-307, 106 Stat.
264, 266.
10The 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.
The Visual Artists Rights Act of 1990 amended section 411(a) by inserting “and an action brought
for a violation of the rights of the author under section 106A(a)” after “United States.”
Pub. L. No. 101-650, 104 Stat. 5089, 5131. In 1997, section
411(b)(1) was amended in its entirety. Pub. L. No. 105-80,
111 Stat. 1529, 1532.
The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended the first sentence in
section 411(a) by deleting “actions for infringement
of copyright in Berne Convention works whose country of
origin is not the United and” and by inserting “United
States” after “no action for infringement of
the copyright in any.” Pub. L. No. 105-304, 112 Stat.
2860, 2863.
11The Visual Artists Rights
Act of 1990 amended section 412
by inserting “an action brought for a violation of
the rights of the author under section 106A(a) or” after “other than.”
Pub. L. No. 101-650, 104 Stat. 5089, 5131.
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