2017 US Code
Title 17 - Copyrights
Chapter 4 - Copyright Notice, Deposit, and Registration
Sec. 411 - Registration and civil infringement actions
|Citation||17 U.S.C. § 411 (2017)|
|Section Name||§411. Registration and civil infringement actions|
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94–1476
The first sentence of section 411(a) restates the present statutory requirement that registration must be made before a suit for copyright infringement is instituted. Under the bill, as under the law now in effect, a copyright owner who has not registered his claim can have a valid cause of action against someone who has infringed his copyright, but he cannot enforce his rights in the courts until he has made registration.
The second and third sentences of section 411(a) would alter the present law as interpreted in Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Co., 260 F.2d 637 (2d Cir. 1958). That case requires an applicant, who has sought registration and has been refused, to bring an action against the Register of Copyrights to compel the issuance of a certificate, before suit can be brought against an infringer. Under section 411, a rejected claimant who has properly applied for registration may maintain an infringement suit if notice of it is served on the Register of Copyrights. The Register is authorized, though not required, to enter the suit within 60 days; the Register would be a party on the issue of registrability only, and a failure by the Register to join the action would "not deprive the court of jurisdiction to determine that issue."
Section 411(b) is intended to deal with the special situation presented by works that are being transmitted "live" at the same time they are being fixed in tangible form for the first time. Under certain circumstances, where the infringer has been given advance notice, an injunction could be obtained to prevent the unauthorized use of the material included in the "live" transmission.REFERENCES IN TEXT
Subsection (b), referred to in subsec. (a), was redesignated subsec. (c) of this section by Pub. L. 110–403, title I, §101(a)(3), Oct. 13, 2008, 122 Stat. 4257.AMENDMENTS
2008—Pub. L. 110–403, §101(a)(1), inserted "civil" before "infringement" in section catchline.
Subsec. (a). Pub. L. 110–403, §101(a)(2), substituted "no civil action" for "no action" in first sentence and "a civil action" for "an action" in second sentence.
Subsec. (b). Pub. L. 110–403, §209(a)(6), which directed amendment of subsec. (b) by substituting "section 510" for "sections 509 and 510", could not be executed because of prior amendment by Pub. L. 110–403, §101(a)(3), (4). See below.
Pub. L. 110–403, §101(a)(5), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 110–403, §101(a)(4), substituted "505 and section" for "506 and sections 509 and" in introductory provisions.
Pub. L. 110–403, §101(a)(3), redesignated subsec. (b) as (c).
2005—Subsec. (a). Pub. L. 109–9 inserted "preregistration or" after "shall be instituted until".
1998—Subsec. (a). Pub. L. 105–304, in first sentence, struck out "actions for infringement of copyright in Berne Convention works whose country of origin is not the United States and" after "Except for" and inserted "United States" after "copyright in any".
1997—Subsec. (b)(1). Pub. L. 105–80 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "serves notice upon the infringer, not less than ten or more than thirty days 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".
1990—Subsec. (a). Pub. L. 101–650 inserted "and an action brought for a violation of the rights of the author under section 106A(a)" after "United States".
1988—Pub. L. 100–568, §9(b)(1)(A), substituted "Registration and infringement actions" for "Registration as prerequisite to infringement suit" in section catchline.
Subsec. (a). Pub. L. 100–568, §9(b)(1)(B), substituted "Except for actions for infringement of copyright in Berne Convention works whose country of origin is not the United States, and subject" for "Subject".
Subsec. (b)(2). Pub. L. 100–568, §9(b)(1)(C), substituted "work, if required by subsection (a)," for "work".EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101–650, set out as an Effective Date note under section 106A of this title.EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as a note under section 101 of this title.
1 See References in Text note below.
|Publication Title||United States Code, 2012 Edition, Supplement 5, Title 17 - COPYRIGHTS|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 17 - COPYRIGHTS
CHAPTER 4 - COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
Sec. 411 - Registration and civil infringement actions
|Laws In Effect As Of Date||January 12, 2018|
|Statutes at Large References||90 Stat. 2583
102 Stat. 2859
104 Stat. 5131
111 Stat. 1532
112 Stat. 2863
119 Stat. 222
122 Stat. 4257
|Public Law References||Public Law 94-553, Public Law 100-568, Public Law 101-650, Public Law 105-80, Public Law 105-304, Public Law 109-9, Public Law 110-403|