(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.

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(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or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.

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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.