copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner; if the producer of the sound
recording is named on the phonorecord labels or containers, and if no
other name appears in conjunction with the notice, the producer's name
shall be considered a part of the notice.
(c) Position of Notice. The notice shall be placed on the surface of the
phonorecord, or on the phonorecord label or container, in such manner
and location as to give reasonable notice of the claim of copyright.
(d) Evidentiary Weight of Notice. If a notice of copyright in the form
and position specified by this section appears on the published
phonorecord or phonorecords to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a
defendant's interposition of a defense based on innocent infringement in
mitigation of actual or statutory damages, except as provided in the
last sentence of section 504(c)(2).
Section 403. Notice of copyright: Publications incorporating United States
Government works [3]
Sections 401(d) and 402(d) shall not apply to a work published in copies
or phonorecords consisting predominantly of one or more works of the
United States Government unless the notice of copyright appearing on the
published copies or phonorecords to which a defendant in the copyright
infringement suit had access includes a statement identifying, either
affirmatively or negatively, those portions of the copies or
phonorecords embodying any work or works protected under this title.
Section 404. Notice of copyright: Contributions to collective works [4]
(a) A separate contribution to a collective work may bear its own notice
of copyright, as provided by sections 401 through 403. However, a single
notice applicable to the collective work as a whole is sufficient to
invoke the provisions of section 401(d) or 402(d), as applicable with
respect to the separate contributions it contains (not including
advertisements inserted on behalf of persons other than the owner of
copyright in the collective work), regardless of the ownership of
copyright in the contributions and whether or not they have been
previously published.
(b) 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 1988, where the person
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