Title 17 — CopyrightsRelease 119-73
§1307 Effect of omission of notice
Title 17 › Chapter CHAPTER 13— - PROTECTION OF ORIGINAL DESIGNS › § 1307
Summary
Not giving the required notice does not remove the owner's protection or stop the owner from suing someone who begins infringing after receiving written notice. If someone began infringing before they got written notice, the owner cannot get certain recoveries for that earlier activity. A court will not order that earlier activity stopped unless the owner pays back any reasonable expenses or contract costs that person had before receiving written notice. The owner must give written notice.
Full Legal Text
Title 17, §1307
Copyrights — Source: USLM XML via OLRC
(a)Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter.
(b)The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.
Reference
Citations & Metadata
Citation
17 U.S.C. § 1307
Title 17 — Copyrights
Last Updated
Apr 6, 2026
Release point: 119-73