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.
(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.
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