Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title.

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Terms Used In 17 USC 403

  • copies: includes the material object, other than a phonorecord, in which the work is first fixed. See 17 USC 101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • phonorecords: includes the material object in which the sounds are first fixed. See 17 USC 101
  • United States: when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. See 17 USC 101