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17 U.S.C. § 204Execution of transfers of copyright ownership

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 145 words · no verdicts yet

in plain englishAI-generated · not legal advice

A copyright transfer must be in writing and signed by the owner to be valid. This doesn't apply to transfers required by law, like inheritance. A notarized certificate isn't required, but it helps prove the transfer happened.

(a) A transfer of copyright ownership — except one that happens automatically "by operation of law," like through inheritance — isn't valid unless it's written down. This can be a formal document, or just a note or memo, but it must be signed by the person giving up the rights, or by their authorized agent. (b) The transfer doesn't need a notarized "certificate of acknowledgement" to be valid. But having one serves as strong initial proof that the transfer really happened, if: (1) for a transfer made in the U.S., the certificate comes from someone authorized to administer oaths in the U.S.; or (2) for a transfer made in another country, the certificate comes from a U.S. diplomat or consular officer, or from someone else authorized to administer oaths whose authority a U.S. diplomat or consular officer has certified.
the actual law source: uscode.house.gov ↗public domain
(a)

A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

(b)

A certificate of acknowledgement is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if—

(1)

in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2)

in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2570.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2570

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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