or refusal to comply with the
conditions prescribed by such regulations shall subject the owner to
the right of transmission in the United States to liability for an
amount, not to exceed the cost of reproducing and supplying the copy or
phonorecord in question, to be paid into a specially designated fund in
the Library of Congress.

(3) Nothing in this subsection shall be construed to require the making
or retention, for purposes of deposit, of any copy or phonorecord of an
unpublished transmission program, the transmission of which occurs
before the receipt of a specific written demand as provided by clause
(2).

(4) No activity undertaken in compliance with regulations prescribed
under clauses (1) or (2) of this subsection shall result in liability
if intended solely to assist in the acquisition of copies or
phonorecords under this subsection.

Section 408. Copyright registration in general.

(a) Registration Permissive.--At any time during the subsistence of
copyright in any published or unpublished work, the owner of copyright
or of any exclusive right in the work may obtain registration of the
copyright claim by delivering to the Copyright Office the deposit
specified by this section, together with the application and fee
specified by sections 409 and 708. Subject to the provisions of
section 405(a), such registration is not a condition of copyright
protection.

(b) Deposit for Copyright Registration.--Except as provided by
subsection

(c) The material deposited for registration shall include--

(1) in the case of an unpublished work, one complete copy or
phonorecord;

(2) in the case of the published work, two complete copies or
phonorecords of the best edition;

(3) in the case of a work first published outside the United States,
one complete copy or phonorecord as so published;

(4) in the case of a contribution to a collective work, one complete
copy or phonorecord of the best edition of the collective work. Copies
or phonorecords deposited for the Library of Congress under section 407
may be used to satisfy the deposit provisions of this section, if they
are accompanied by the prescribed application and fee, and by any
additional identifying material that the Register may, by regulation,
require. The Register shall also prescribe regulations establishing
requirements under which copies or phonorecords acquired for the
Library of Congress under subsection (e) of section 407, otherwise than