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17 U.S.C. § 202Ownership of copyright as distinct from ownership of material object

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 91 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owning a copyright is different from owning the physical object it's stored in. Selling the physical copy does not transfer the copyright. Transferring the copyright does not give you the physical object either, unless the parties agree to that separately.

Owning a copyright, or any of the exclusive rights that come with a copyright, is separate from owning the physical thing the work is stored in — like a book, painting, or record. If someone transfers ownership of that physical object, including the very first copy or recording the work was fixed in, that transfer by itself does not give the new owner any rights in the copyrighted work itself. In the same way, unless the parties agree otherwise, transferring the copyright or any exclusive right under it does not give the new copyright owner any property rights in the physical object.
the actual law source: uscode.house.gov ↗public domain

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2568.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2568

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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