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17 U.S.C. § 205Recordation of transfers and other documents

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 390 words · no verdicts yet

in plain englishAI-generated · not legal advice

Copyright owners can record a transfer of copyright, or related document, with the Copyright Office. Recording gives everyone legal notice of what the document says, if the work is identifiable and registered. Recording also decides who wins when two transfers of the same copyright conflict.

(a) Conditions for Recordation A copyright transfer, or any other document related to a copyright, can be recorded with the Copyright Office. To record it, the document must have the actual signature of the person who signed it — or it must come with a sworn or official statement certifying it's a true copy of the signed original. That sworn or official statement can be submitted electronically, following the Register of Copyrights' rules. (b) Certificate of Recordation Once the Copyright Office gets a properly submitted document and the fee required under section 708, the Register of Copyrights must record it and send it back with a certificate proving it was recorded. (c) Recordation as Constructive Notice Recording a document gives everyone "constructive notice" — legal notice, whether or not they actually saw it — of what the document says. But this only works if two things are true: the document (or something attached to it) clearly identifies the work it's about, well enough that a reasonable search by the work's title or registration number would find it once the Register indexes it; and the work must already be registered. (d) Priority Between Conflicting Transfers If two transfers of the same copyright conflict, here's who wins. The transfer signed first normally wins — but only if it's recorded, in the way that gives constructive notice under subsection (c), within one month of being signed (if signed in the U.S.) or within two months (if signed outside the U.S.), or any time before the later transfer gets recorded that way. Otherwise, the later transfer wins if it's recorded first that way, and if the person who got it acted in good faith, paid real value (or made a binding promise to pay royalties), and didn't know about the earlier transfer. (e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License A nonexclusive license — recorded or not — beats a conflicting transfer of copyright ownership if the license is written down and signed by the rights owner (or their authorized agent), and if either: the license was granted before the transfer happened, or the license was granted in good faith before the transfer was recorded and without knowing about the transfer.
the actual law source: uscode.house.gov ↗public domain
(a)Conditions for Recordation.—

Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. A sworn or official certification may be submitted to the Copyright Office electronically, pursuant to regulations established by the Register of Copyrights.

(b)Certificate of Recordation.—

The Register of Copyrights shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation.

(c)Recordation as Constructive Notice.—

Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if—

(1)

the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and

(2)

registration has been made for the work.

(d)Priority Between Conflicting Transfers.—

As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.

(e)Priority Between Conflicting Transfer of Ownership and Nonexclusive License.—

A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner’s duly authorized agent, and if—

(1)

the license was taken before execution of the transfer; or

(2)

the license was taken in good faith before recordation of the transfer and without notice of it.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2571; Pub. L. 100–568, § 5, Oct. 31, 1988, 102 Stat. 2857; Pub. L. 111–295, § 3(b), Dec. 9, 2010, 124 Stat. 3180.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2571
  • 1988Amended · Pub. L. 100-568 · 102 Stat. 2857
  • 2010Amended · Pub. L. 111-295 · 124 Stat. 3180

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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