(2) registration for the work has been made before or is made
within five years after the publication without notice, and a
reasonable effort is made to add notice to all copies or phonorecords
that are distributed to the public in the United States after the
omission has been discovered; or

(3) the notice has been omitted in violation of an express
requirement in writing that, as a condition of the copyright owner's
authorization 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.