an appearance within sixty days after such service, but the Register's
failure to become a party shall not deprive the court of jurisdiction to
determine that issue.

(b) In the case of a work consisting of sounds, images, or both, the first
fixation of which is made simultaneously with its transmission, the
copyright owner may, either before or after such fixation takes place,
institute an action for infringement under section 501, fully subject to the
remedies provided by sections 502 through 506 and sections 509 and 510,
if, in accordance with requirements that the Register of Copyrights
shall prescribe by regulation, the copyright owner-

(1) serves notice upon the infringer, not less than ten or more than
thirty days before such fixation, identifying the work and the
specific time and source of its first transmission, and declaring an
intention to secure copyright in the work; and,

(2) makes registration for the work within three months after its
first transmission.


Section 412. Registration as prerequisite to certain remedies for infringement.

In any action under this title, other than an action instituted under
section 411(b), no award of statutory damages or of attorney's fees, as
provided by sections 504 and 505, shall be made for-

(1) any infringement of copyright in an unpublished work
commenced before the effective date of its registration; or