17 U.S.C. § 411 : US Code - Section 411: Registration and infringement actions

Search 17 U.S.C. § 411 : US Code - Section 411: Registration and infringement actions

(a) Except for an action brought for a violation of the rights of
the author under section 106A(a), and subject to the provisions of
subsection (b), no action for infringement of the copyright in any
United States work shall be instituted until preregistration or
registration of the copyright claim has been made in accordance
with this title. In any case, however, where the deposit,
application, and fee required for registration have been delivered
to the Copyright Office in proper form and registration has been
refused, the applicant is entitled to institute an action for
infringement if notice thereof, with a copy of the complaint, is
served on the Register of Copyrights. 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.