17 USC 1307
Effect of omission of notice

Executive summary:

This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.

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§1307. Effect of omission of notice

(a)

Actions with notice. Except as provided in subsection (b), the omission of the notice prescribed in section 1306 [17 USC 1306] shall not cause loss of the protection under this chapter [17 USC § §1301 et seq.] or prevent recovery for infringement under this chapter [17 USC § §1301 et seq.] against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter [17 USC § §1301 et seq.].

(b)

Actions without notice. The omission of the notice prescribed in section 1306 [17 USC 1306] shall prevent any recovery under section 1323 [17 USC 1323] against a person who began an undertaking leading to infringement under this chapter [17 USC § §1301 et seq.] before receiving written notice of the design protection. No injunction shall be issued under this chapter [17 USC § §1301 et seq.] with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.