ice. Protection under this title is not affected by
the removal, destruction, or obliteration of the notice, without the
authorization of the copyright owner, from any publicly distributed
copies or phonorecords.

Section 406. Notice of copyright: Error in name or date on certain copies
and phonorecords [6]

(a) Error in Name. 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 named in the copyright notice on copies or phonorecords publicly
distributed by authority of the copyright owner is not the owner of
copyright, the validity and ownership of the copyright are not affected.
In such a case, however, any person who innocently begins an undertaking
that infringes the copyright has a complete defense to any action for
such infringement if such person proves that he or she was misled by the
notice and began the undertaking in good faith under a purported
transfer or license from the person named therein, unless before the
undertaking was begun-

(1) registration for the work had been made in the name of the owner of
copyright; or

(2) a document executed by the person named in the notice and showing
the ownership of the copyright had been recorded.

The person named in the notice is liable to account to the copyright
owner for all receipts from transfers or licenses purportedly made under
the copyright by the person named in the notice.

(b) Error in Date. When the year date in the notice on copies or
phonorecords distributed before the effective date of the Berne
Convention Implementation Act of 1988 by authority of the copyright
owner is earlier than the year in which publication first occurred, any
period computed from the year of first publication under section 302 is
to be computed from the year in the notice. Where the year date is more
than one year later than the year in which publication first occurred,
the work is considered to have been published without any notice and is
governed by the provisions of section 405.

(c) Omission of Name or Date. Where copies or phonorecords publicly
distributed before the effective date of the Berne Convention
Implementation Act of 1988 by authority of the copyright owner contain
no name or no date that could reasonably be considered a part of the
notice, the work is considered to have been published without any notice
and