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Code · U.S. Code · Title 17 - COPYRIGHTS · CHAPTER 4— COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION · § 411

§ 411. Registration and civil infringement actions

1,274 words·~6 min read·/usc/title-17/section-411

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(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),1 no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or 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 a civil 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.
(1)A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless—
(A)the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and
(B)the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration.
(2)In any case in which inaccurate information described under paragraph
(1)is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.
(3)Nothing in this subsection shall affect any rights, obligations, or requirements of a person related to information contained in a registration certificate, except for the institution of and remedies in infringement actions under this section and section 412.
(c)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 505 and section 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, § 101, Oct. 19, 1976, 90 Stat. 2583; Pub. L. 100–568, § 9(b)(1), Oct. 31, 1988, 102 Stat. 2859; Pub. L. 101–650, title VI, § 606(c)(1), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 105–80, § 6, Nov. 13, 1997, 111 Stat. 1532; Pub. L. 105–304, title I, § 102(d), Oct. 28, 1998, 112 Stat. 2863; Pub. L. 109–9, title I, § 104(b), Apr. 27, 2005, 119 Stat. 222; Pub. L. 110–403, title I, § 101(a), title II, § 209(a)(6), Oct. 13, 2008, 122 Stat. 4257, 4264.)
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.
Connections57 cite this · traces to 2
Cited by 57 sections · top 28
register
32 references not yet in our index
  • 1
  • Pub. L. 94–553, title I, § 101
  • 90 Stat. 2583
  • Pub. L. 100–568, § 9(b)(1)
  • 102 Stat. 2859
  • Pub. L. 101–650, title VI, § 606(c)(1)
  • 104 Stat. 5131
  • Pub. L. 105–80, § 6
  • 111 Stat. 1532
  • Pub. L. 105–304, title I, § 102(d)
  • 112 Stat. 2863
  • Pub. L. 109–9, title I, § 104(b)
  • 119 Stat. 222
  • Pub. L. 110–403, title I, § 101(a)
  • 122 Stat. 4257
  • Pub. L. 110–403, title I, § 101(a)(3)
  • Pub. L. 110–403, § 101(a)(1)
  • Pub. L. 110–403, § 101(a)(2)
  • Pub. L. 110–403, § 209(a)(6)
  • Pub. L. 110–403, § 101(a)(3)
  • Pub. L. 110–403, § 101(a)(5)
  • Pub. L. 110–403, § 101(a)(4)
  • Pub. L. 109–9
  • Pub. L. 105–304
  • Pub. L. 105–80
  • Pub. L. 101–650
  • Pub. L. 100–568, § 9(b)(1)(A)
  • Pub. L. 100–568, § 9(b)(1)(B)
  • Pub. L. 100–568, § 9(b)(1)(C)
  • section 610 of Pub. L. 101–650
  • Pub. L. 100–568
  • section 13 of Pub. L. 100–568
Citation graph
cites case law
§ 411
Registration and civil infringement actions
Fed. Reg.×49
C.F.R.×7
Stat.×1
U.S.C.§ 106A
U.S.C.§ 101
Cite1
Pub. L.Pub. L. 94–553, title I, § 101
Stat.90 Stat. 2583
Pub. L.Pub. L. 100–568, § 9(b)(1)
Stat.102 Stat. 2859
Cites 34 · showing 7Cited by 57 across 3 sources
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