2015 US Code
Title 17 - Copyrights (Sections 101 - 1332)
Chapter 13 - Protection of Original Designs (Sections 1301 - 1332)
Sec. 1307 - Effect of omission of notice
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 17 - COPYRIGHTS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS Sec. 1307 - Effect of omission of notice |
| Contains | section 1307 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 105-304, title V, §502, Oct. 28, 1998, 112 Stat. 2907. |
| Statutes at Large Reference | 112 Stat. 2907 |
| Public and Private Law | Public Law 105-304 |
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(a) Actions With Notice.—Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter.
(b) Actions Without Notice.—The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2907.)
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