50 U.S.C. § 4339 — Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined, rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement
submitted 109 years ago by Pub. L. 87-846 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 677 words · no verdicts yet
This section concerns claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined, rights of licensees and assignees, reproduction rights of united states, transfer of interests, payment of royalties to attorney general, suits for infringement. (a) Jurisdiction Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the...
(a) Jurisdiction despite any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment upon the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of this chapter by vesting order numbered 33 relating to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings about such claims may be instituted under this section by two years after October 22, 1962 .
(b) “Copyrights” defined As used in this section the word “copyrights” includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals.
(c) Divestment of copyrights; limitations; transfer of remaining rights and interests All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter after December 17, 1941 , which have not been returned or otherwise disposed of under this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested about the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962 , and the persons entitled to it must on that day succeed to the rights, privileges, and obligations arising out of such copyrights, subject, however, to—
(1) the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights;
(2) the rights of assignees under assignments by the Alien Property Custodian or the Attorney General of interests in such licenses; and
(3) the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films. The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested under this section are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: Provided , That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses before the day of divestment must be paid by the licensees to the Attorney General.
(d) Rights or interests arising out of prevesting contracts All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter after December 17, 1941 , arising out of prevesting contracts entered into about copyrights, except—
(1) royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;
(2) rights or interests which have been returned or otherwise disposed of under this chapter; and
(3) rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962 , and the persons entitled to such rights or interests must succeed to it, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts before the day of divestment.
(e) Suits for infringement Nothing in this section must be construed to transfer to a person entitled to a copyright divested under this section the right of the Attorney General to sue for the infringement of such copyright during the period between
(1) the vesting of it or the vesting of rights and interests in a contract entered into about it, and
(2) the day of divestment. The right to sue for infringement must remain in the Attorney General.
Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment upon the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of this chapter by vesting order numbered 33 relating to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than two years after October 22, 1962.
As used in this section the word “copyrights” includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals.
All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested with respect to the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of such copyrights, subject, however, to—
the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights;
the rights of assignees under assignments by the Alien Property Custodian or the Attorney General of interests in such licenses; and
the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films.
The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General.
All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except—
royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;
rights or interests which have been returned or otherwise disposed of under this chapter; and
rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483),
are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment.
Nothing in this section shall be construed to transfer to a person entitled to a copyright divested hereunder the right of the Attorney General to sue for the infringement of such copyright during the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The right to sue for infringement shall remain in the Attorney General.
Source credit: (Oct. 6, 1917, ch. 106, § 41, as added Pub. L. 87–846, title II, § 206, Oct. 22, 1962, 76 Stat. 1115; amended Pub. L. 88–490, Aug. 26, 1964, 78 Stat. 607; Pub. L. 97–164, title I, § 161(9), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
- 1917Enacted · Pub. L. 87-846 · 76 Stat. 1115
- 1964Amended · Pub. L. 88-490 · 78 Stat. 607
- 1982Amended · Pub. L. 97-164 · 96 Stat. 49
- 1992Amended · Pub. L. 102-572 · 106 Stat. 4516
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-846 on 1917-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case