orization
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, 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 or [sic] 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 Notice.--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.

(a) Error in Name.--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 by authority of the copyright owner is earlier
th