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(1) any infringement of copyright in an unpublished work commenced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).
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