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17 U.S.C. § 201Ownership of copyright

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 378 words · no verdicts yet

in plain englishAI-generated · not legal advice

Copyright starts with the person or people who created a work. If it's a 'work made for hire,' the employer is legally treated as the author and owner instead. It can be sold, willed, or split up, but the government cannot seize it without the author's consent.

(a) Initial ownership: Copyright in a protected work automatically belongs, from the start, to the person or people who created it — the "author" or "authors." If more than one person creates a work together as a joint work, they all co-own the copyright together. (b) Works made for hire: If a work is a "work made for hire," the law treats the employer, or whoever the work was created for, as the legal "author" — not the person who actually did the creative work. That employer or other party then owns all of the rights that make up the copyright, unless everyone involved signs a written agreement saying otherwise. (c) Contributions to collective works: When someone contributes a separate piece to a larger "collective work" (like an article in a magazine), the copyright in that individual piece is separate from the copyright in the collective work as a whole. The copyright in the contribution belongs, at first, to the person who created that piece. Unless that person expressly transfers the copyright, or specific rights under it, the owner of the collective work is only presumed to have gotten permission to reproduce and distribute that piece as part of that particular collective work, any later revision of it, or any later collective work in the same series. (d) Transfer of ownership: (1) Copyright ownership can be transferred, in whole or in part, through any kind of conveyance, or automatically by operation of law. It can also be left to someone in a will, or pass as personal property under the law that applies when someone dies without a will. (2) Any of the specific exclusive rights that make up a copyright — including any smaller piece of a right listed in section 106 — can be transferred the same way, and owned separately from the rest of the copyright. Whoever owns one of these particular rights gets all the same legal protections and remedies that a full copyright owner gets, but only for that specific right. (e) Involuntary transfer: If an individual author has never voluntarily transferred their copyright, or any of the exclusive rights under it, then no government body, official, or organization can validly seize, take over, transfer, or otherwise exercise ownership rights over that copyright under this title — except as allowed under the separate bankruptcy law, title 11.
the actual law source: uscode.house.gov ↗public domain
(a)Initial Ownership.—

Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.

(b)Works Made for Hire.—

In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c)Contributions to Collective Works.—

Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

(d)Transfer of Ownership.—
(1)

The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

(2)

Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.

(e)Involuntary Transfer.—

When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title, except as provided under title 11.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2568; Pub. L. 95–598, title III, § 313, Nov. 6, 1978, 92 Stat. 2676.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2568
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2676

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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