egistration 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 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,

(2) makes registration for the work within three months after its first
transmission.

Section 412. Registration as prerequisite to certain remedies for
infringement.

In any action under this title, other than an action instituted under
section 411(b), no award of statutory damages or of attorney's fees, as
provided by sections 504 and 505, shall be made for--

(1) any infringement of copyright in an unpublished work commenced
before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of
the work and before the effective date of its registration, unless such
registration is made within three months after the first publication of
the work.

CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES. Analysis.

Sec.
501. Infringement of copyright.
502. Remedies for infringement: Injunctions.
503. Remedies for infringement: Impounding and disposition of
infringing articles.
504. Remedies for