(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.
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