
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC411]

 
                          TITLE 17--COPYRIGHTS
 
         CHAPTER 4--COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
 
Sec. 411. Registration and infringement actions

    (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.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2583; Pub. 
L. 100-568, Sec. 9(b)(1), Oct. 31, 1988, 102 Stat. 2859; Pub. L. 101-
650, title VI, Sec. 606(c)(1), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 
105-80, Sec. 6, Nov. 13, 1997, 111 Stat. 1532; Pub. L. 105-304, title I, 
Sec. 102(d), Oct. 28, 1998, 112 Stat. 2863.)


                      Historical and Revision Notes

                        house report no. 94-1476

    The first sentence of section 411(a) restates the present statutory 
requirement that registration must be made before a suit for copyright 
infringement is instituted. Under the bill, as under the law now in 
effect, a copyright owner who has not registered his claim can have a 
valid cause of action against someone who has infringed his copyright, 
but he cannot enforce his rights in the courts until he has made 
registration.
    The second and third sentences of section 411(a) would alter the 
present law as interpreted in Vacheron & Constantin-Le Coultre Watches, 
Inc. v. Benrus Watch Co., 260 F.2d 637 (2d Cir. 1958). That case 
requires an applicant, who has sought registration and has been refused, 
to bring an action against the Register of Copyrights to compel the 
issuance of a certificate, before suit can be brought against an 
infringer. Under section 411, a rejected claimant who has properly 
applied for registration may maintain an infringement suit if notice of 
it is served on the Register of Copyrights. The Register is authorized, 
though not required, to enter the suit within 60 days; the Register 
would be a party on the issue of registrability only, and a failure by 
the Register to join the action would ``not deprive the court of 
jurisdiction to determine that issue.''
    Section 411(b) is intended to deal with the special situation 
presented by works that are being transmitted ``live'' at the same time 
they are being fixed in tangible form for the first time. Under certain 
circumstances, where the infringer has been given advance notice, an 
injunction could be obtained to prevent the unauthorized use of the 
material included in the ``live'' transmission.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-304, in first sentence, struck out 
``actions for infringement of copyright in Berne Convention works whose 
country of origin is not the United States and'' after ``Except for'' 
and inserted ``United States'' after ``copyright in any''.
    1997--Subsec. (b)(1). Pub. L. 105-80 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``serves notice upon the 
infringer, not less than ten or more than thirty days 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''.
    1990--Subsec. (a). Pub. L. 101-650 inserted ``and an action brought 
for a violation of the rights of the author under section 106A(a)'' 
after ``United States''.
    1988--Pub. L. 100-568, Sec. 9(b)(1)(A), substituted ``Registration 
and infringement actions'' for ``Registration as prerequisite to 
infringement suit'' in section catchline.
    Subsec. (a). Pub. L. 100-568, Sec. 9(b)(1)(B), substituted ``Except 
for actions for infringement of copyright in Berne Convention works 
whose country of origin is not the United States, and subject'' for 
``Subject''.
    Subsec. (b)(2). Pub. L. 100-568, Sec. 9(b)(1)(C), substituted 
``work, if required by subsection (a),'' for ``work''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-650 effective 6 months after Dec. 1, 1990, 
see section 610 of Pub. L. 101-650, set out as an Effective Date note 
under section 106A of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause 
of action arising under this title before such date being governed by 
provisions in effect when cause of action arose, see section 13 of Pub. 
L. 100-568, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 412, 501 of this title.
