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
than the year in which publication first occurred, any period computed
from the year of first publication first occurred, the work is considered
to have been published without any notice and is governed by the
provisions of section 405.