Page:United States Statutes at Large Volume 102 Part 3.djvu/906

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2858

PUBLIC LAW 100-568—OCT. 31, 1988 (1) in subsection (a), by amending the subsection heading to read as follows: "(a) GENERAL PROVISIONS.—";

(2) in subsection (a), by striking out "shall be placed on all" and inserting in lieu thereof "may be placed on"; (3) in subsection (b), by striking out "The notice appearing on the phonorecords" and inserting in lieu thereof "If a notice appears on the phonorecords, it"; and (4) by adding at the end thereof the following new subsection: "(d) EVIDENTIARY WEIGHT OF NOTICE.—If a notice of copyright in

the form and position specified by this section appears on the published phonorecord or phonorecords to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in the last sentence of section 504(c)(2).'. (C) PUBLICATIONS INCORPORATING UNITED STATES GOVERNMENT

WORKS.—Section 403 is amended to read as follows: "Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title.". (d) NOTICE OF COPYRIGHT; CONTRIBUTIONS TO COLLECTIVE WORKS.—

Section 404 is amended— (1) in subsection (a), by striking out "to satisfy the requirements of sections 401 through 403, and inserting in lieu thereof "to invoke the provisions of section 401(d) or 402(d), as applicable"; and (2) in subsection (b), by striking out "Where" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, where". (e) OMISSION OF NOTICE.—Section 405 is amended—

(1) in subsection (a), by striking out "The omission of the copyright notice prescribed by" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, the omission of the copyright notice described in"; (2) in subsection (b), by striking out "omitted," in the first sentence and inserting in lieu thereof "omitted and which was publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988,"; and (3) by amending the section heading to read as follows: "§ 405. Notice of copyright: Omission of notice on certain copies and phonorecords" (f) ERROR IN NAME OR DATE.—Section 406 is amended—

(1) in subsection (a) by striking out "Where" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the