Willful failure or refusal to comply with the conditions
prescribed by such regulations shall subject the owner of the right of
transmission in the United States to liability for an amount, not to
exceed the cost of reproducing and supplying the copy or phonorecord in
question, to be paid into a specially designated fund in the Library of
Congress.
(3) Nothing in this subsection shall be construed to require the making
or retention, for purposes of deposit, of any copy or phonorecord of an
unpublished transmission program, the transmission of which occurs
before the receipt of a specific written demand as provided by clause
(2).
(4) No activity undertaken in compliance with regulations prescribed
under clauses (1) and (2) of this subsection shall result in liability
if intended solely to assist in the acquisition of copies or
phonorecords under this subsection.
Section 408. Copyright registration in general [8]
(a) Registration Permissive. At any time during the subsistence of the
first term of copyright in any published or unpublished work in which
the copyright was secured before January 1, 1978, and during the
subsistence of any copyright secured on or after that date, the owner of
copyright or of any exclusive right in the work may obtain registration
of the copyright claim by delivering to the Copyright Office the deposit
specified by this section, together with the application and fee
specified by sections 409 and 708.
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