named in a
single notice applicable to a collective work as a whole is not the
owner of copyright in a separate contribution that does not bear its own
notice, the case is governed by the provisions of section 406(a).

Section 405. Notice of copyright: Omission of notice on certain copies and
phonorecords [5]

(a) Effect of Omission on Copyright. 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, the omission of the copyright notice described in sections 401
through 403 from copies or phonorecords publicly distributed by
authority of the copyright owner does not invalidate the copyright in a
work if-

(1) the notice has been omitted from no more than a relatively small
number of copies or phonorecords distributed to the public; or

(2) registration for the work has been made before or is made within
five years after the publication without notice, and a reasonable effort
is made to add notice to all copies or phonorecords that are distributed
to the public in the United States after the omission has been
discovered; or

(3) the notice has been omitted in violation of an express requirement
in writing that, as a condition of the copyright owner's authorization
of the public distribution of copies or phonorecords, they bear the
prescribed notice.

(b) Effect of Omission on Innocent Infringers. Any person who innocently
infringes a copyright, in reliance upon an authorized copy or
phonorecord from which the copyright notice has been omitted and which
was publicly distributed by authority of the copyright owner before the
effective date of the Berne Convention Implementation Act of 1988,
incurs no liability for actual or statutory damages under section 504
for any infringing acts committed before receiving actual notice that
registration for the work has been made under section 408, if such
person proves that he or she was misled by the omission of notice. In a
suit for infringement in such a case the court may allow or disallow
recovery of any of the infringer's profits attributable to the
infringement, and may enjoin the continuation of the infringing
undertaking or may require, as a condition for permitting the
continuation of the infringing undertaking, that the infringer pay the
copyright owner a reasonable license fee in an amount and on terms fixed
by the court.

(c) Removal of Not