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“(2) may not obtain a court order, under chapter

5 of this title, requiring that an infringing building be

demolished or seized.

"(d) It is not an infringement of copyright in an archi5 tectural work for the owner of a building embodying such 6 architectural work, without the consent of the author or 7 copyright owner, to make or authorize the making of alter8 ations to such building, in order to enhance the utility of the 9 building.".

10 (b) Conforming Amendment.-The table of sections at 11 the beginning of such chapter is amended by adding at the 12 end thereof the following:

"119. Scope of exclusive rights in architectural works.”.

13 SEC. 4. RECORDATION.

14

Section 205 of title 17, United States Code, is

15 amended

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17

18

(1) by striking out subsection (d); and

(2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

19 SEC. 5. NOTICE OF COPYRIGHT.

20

(a) VISUALLY PERCEPTIBLE COPIES.-Section 401 of

21 title 17, United States Code, is amended

22

23

(1) by striking out "shall" in subsection (a), and inserting in lieu thereof "may";

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(2) by striking out "The notice appearing on the
copies shall" in subsection (b), and inserting in lieu
thereof "If a notice appears on the copies, it may";

(3) by striking out "The notice" in subsection (c),
and inserting in lieu thereof "Any notice referred to in
subsection (a)"; and

(4) by adding at the end thereof the following new
subsection:

"(d) EVIDENTIARY WEIGHT OF NOTICE.-No weight
10 shall be given to the interposition of a defense based on 'inno-
11 cent infringement' in mitigation of actual or statutory dam-
12 ages, or of other relief authorized by this title, if notice of
13 copyright, in the form specified by this section, appears on
14 the published copy or copies to which a defendant in the
15 copyright infringement suit has access.".

16

(b) PHONORECORDS OF SOUND RECORDINGS.-Section

17 402 of title 17, United States Code, is amended—

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(1) by striking out "shall" in subsection (a), and
inserting in lieu thereof "may";

(2) by striking out "The notice appearing on the
phonorecords shall" in subsection (b), and inserting in
lieu thereof "If a notice appears on the phonorecords,

it may";

(3) by striking out "The notice" in subsection (c),
and inserting in lieu thereof "Any notice referred to in
subsection (a)"; and

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(4) by adding at the end thereof the following new

subsection:

“(d) EVIDENTIARY WEIGHT OF NOTICE.—No weight

4 shall be given to the interposition of a defense based on 'inno-
5 cent infringement' in mitigation of actual or statutory dam-
6 ages, or of other relief authorized by this title, if notice of
7 copyright, in the form specified by this section, appears on
8 the published phonorecord or phonorecords to which a de-
9 fendant in the copyright infringement suit has access.".

10

(c) PUBLICATIONS INCORPORATING UNITED STATES
11 GOVERNMENT WORKS.-Section 403 of title 17, United
12 States Code, is amended by striking out "the notice of copy-
13 right" and all that follows through "title." and inserting in
14 lieu thereof "such copies or phonorecords shall prominently
15 display a statement identifying those portions of the copies or
16 phonorecords that constitute a work of the United States
17 Government, in accordance with regulations issued by the
18 Copyright Office.".

19

(d) CONTRIBUTIONS TO COLLECTIVE WORKS.-Sec-
20 tion 404 of title 17, United States Code, and the heading for

21 such section are repealed.

(e) OMISSION OF NOTICE.-

(1) EFFECT OF OMISSION.-Section 405 of title

17, United States Code, is amended-

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(A) 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 1987, the omission of the copyright notice described in"; and

(B) in subsection (b), by striking out "omitted," in the first sentence and inserting in lieu thereof "omitted before the effective date of the Berne Convention Implementation Act of 1987,". (2) SECTION HEADING AND TABLE OF SEC

TIONS.

(A) SECTION HEADING.-The heading of section 405 is amended to read as follows:

17 "8 405. Notice of copyright: Omission of notice on certain

copies and phonorecords"

(B) TABLE OF SECTIONS.-The table of sections at the beginning of chapter 4 of such title is amended by striking out the item relating to sec

tions 404 and 405 and inserting in lieu thereof

the following:

"404. Repealed.

"405. Notice of copyright: Omission of notice on certain copies and phonorecords.".

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(f) ERROR IN NAME OR DATE.—

(1) NOTICE OF COPYRIGHT: ERROR.-Section 406 of title 17, United States Code, is amended—

(A) in subsection (a), by striking out "Where" in the first sentence 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 Con

vention Implementation Act of 1987, where";

(B) in subsection (b) by inserting "before the effective date of the Berne Convention Implementation Act of 1987," after "distributed" in the

first sentence; and

(C) in subsection (c) by striking out all that follows the subsection designation, and inserting in lieu thereof "Where copies or phonorecords publicly distributed before the effective date of the Berne Convention Implementation Act of 1987, by authority of the copyright owner, contain no name or no date that could reasonably be consid

ered a part of the notice, the work is considered

to have been published without any notice and is governed by the provisions of section 405 as in effect on the day before the effective date of the

Berne Convention Implementation Act of 1987.".

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