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
1988.

Section 407. Deposit of copies or phonorecords for Library of Congress [7]

(a) Except as provided by subsection (c), and subject to the provisions
of subsection (e), the owner of copyright or of the exclusive right of
publication in a work published in the United States shall deposit,
within three months after the date of such publication-

(1) two complete copies of the best edition; or

(2) if the work is a sound recording, two complete phonorecords of the
best edition, together with any printed or other visually perceptible
material published with such phonorecords.

Neither the deposit requirements of this subsection nor the acquisition
provisions of subsection (e) are conditions of copyright protection.

(b) The required copies or phonorecords shall be deposited in the
Copyright Office for the use or disposition of the Library of Congress.
The Register of Copyrights shall, when requested by the depositor and
upon payment of the fee prescribed by section 708, issue a receipt for
the deposit.

(c) The Register of Copyrights may by regulation exempt any categories
of material from the deposit requirements of this section, or require
deposit of only one copy or phonorecord with respect to any categories.
Such regulations shall provide either for complete exemption from the
deposit requirements of this section, or for alternative forms of
deposit aimed at providing a satisfactory archival record of a work
without imposing practical or financial hardships on the depositor,
where the individual author is the owner of copyright in a pictorial,
graphic, or sculptural work and (i) less than five copies of the work
have been published, or (ii) the work has been published in a limited
edition consisting of numbered copies, the monetary value of which would
make the mandatory deposit of two copies of the best edition of the work
burdensome, unfair, or unreasonable.

(d) At any time after publication of a work as provided by
subsection(a), the Register of Copyrights may make written demand for
the required deposit on any of the persons obligated to make the deposit
under subsection (a). Unless deposit is made within three months after
the demand is received, the person or persons on whom the demand was
made are liable-

(1) to a fine of not more than $250 for each work;