(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.
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