(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 coowner 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 11.2
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.
(a) Conditions for Termination. — In
the case of any work other than a work made for hire, the exclusive or nonexclusive
grant of a transfer or license of copyright or of any right under a copyright,
executed by the author on or after January 1, 1978, otherwise than by will,
is subject to termination under the following conditions:
(1) In the case of a grant executed by one author, termination
of the grant may be effected by that author or, if the author is dead, by
the person or persons who, under clause (2) of this subsection, own and are
entitled to exercise a total of more than one-half of that author's termination
interest. In the case of a grant executed by two or more authors of a joint
work, termination of the grant may be effected by a majority of the authors
who executed it; if any of such authors is dead, the termination interest
of any such author may be exercised as a unit by the person or persons who,
under clause (2) of this subsection, own and are entitled to exercise a total
of more than one-half of that author's interest.
(2) Where an author is dead, his or her termination interest
is owned, and may be exercised, as follows:
(A) The widow or widower owns the author's entire termination
interest unless there are any surviving children or grandchildren of the author,
in which case the widow or widower owns one-half of the author's interest.
(B) The author's surviving children, and the surviving children
of any dead child of the author, own the author's entire termination interest
unless there is a widow or widower, in which case the ownership of one-half
of the author's interest is divided among them.
(C) The rights of the author's children and grandchildren
are in all cases divided among them and exercised on a per stirpes basis according
to the number of such author's children represented; the share of the children
of a dead child in a termination interest can be exercised only by the action
of a majority of them.
(D) In the event that the author's widow or widower, children,
and grandchildren are not living, the author's executor, administrator, personal
representative, or trustee shall own the author's entire termination interest.
(3) Termination of the grant may be effected at any time
during a period of five years beginning at the end of thirty-five years from
the date of execution of the grant; or, if the grant covers the right of publication
of the work, the period begins at the end of thirty-five years from the date
of publication of the work under the grant or at the end of forty years from
the date of execution of the grant, whichever term ends earlier.
(4) The termination shall be effected by serving an advance
notice in writing, signed by the number and proportion of owners of termination
interests required under clauses (1) and (2) of this subsection, or by their
duly authorized agents, upon the grantee or the grantee's successor in title.
(A) The notice shall state the effective date of the termination,
which shall fall within the five-year period specified by clause (3) of this
subsection, and the notice shall be served not less than two or more than
ten years before that date. A copy of the notice shall be recorded in the
Copyright Office before the effective date of termination, as a condition
to its taking effect.
(B) The notice shall comply, in form, content, and manner
of service, with requirements that the Register of Copyrights shall prescribe
by regulation.
(5) Termination of the grant may be effected notwithstanding
any agreement to the contrary, including an agreement to make a will or to
make any future grant.
(b) Effect of Termination. — Upon
the effective date of termination, all rights under this title that were covered
by the terminated grants revert to the author, authors, and other persons
owning termination interests under clauses (1) and (2) of subsection (a),
including those owners who did not join in signing the notice of termination
under clause (4) of subsection (a), but with the following limitations:
(1) A derivative work prepared under authority of the grant
before its termination may continue to be utilized under the terms of the
grant after its termination, but this privilege does not extend to the preparation
after the termination of other derivative works based upon the copyrighted
work covered by the terminated grant.
(2) The future rights that will revert upon termination
of the grant become vested on the date the notice of termination has been
served as provided by clause (4) of subsection (a). The rights vest in the
author, authors, and other persons named in, and in the proportionate shares
provided by, clauses (1) and (2) of subsection (a).
(3) Subject to the provisions of clause (4) of this subsection,
a further grant, or agreement to make a further grant, of any right covered
by a terminated grant is valid only if it is signed by the same number and
proportion of the owners, in whom the right has vested under clause (2) of
this subsection, as are required to terminate the grant under clauses (1)
and (2) of subsection (a). Such further grant or agreement is effective with
respect to all of the persons in whom the right it covers has vested under
clause (2) of this subsection, including those who did not join in signing
it. If any person dies after rights under a terminated grant have vested in
him or her, that person's legal representatives, legatees, or heirs at law
represent him or her for purposes of this clause.
(4) A further grant, or agreement to make a further grant,
of any right covered by a terminated grant is valid only if it is made after
the effective date of the termination. As an exception, however, an agreement
for such a further grant may be made between the persons provided by clause
(3) of this subsection and the original grantee or such grantee's successor
in title, after the notice of termination has been served as provided by clause
(4) of subsection (a).
(5) Termination of a grant under this section affects only
those rights covered by the grants that arise under this title, and in no
way affects rights arising under any other Federal, State, or foreign laws.
(6) Unless and until termination is effected under this
section, the grant, if it does not provide otherwise, continues in effect
for the term of copyright provided by this title.
(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 acknowledgment 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.
(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.
(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.
1In 1978, section 201(e) was amended by deleting the period
at the end and adding “, except as provided under title 11.”
2Title 11 of the United States
Code is entitled “Bankruptcy.”
3In 1998, the Sonny Bono Copyright
Term Extension Act amended section 203 by deleting
“by his widow or her widower and his or her grandchildren” from
the first sentence in paragraph (2) of subsection (a) and by adding subparagraph
(D) to paragraph (2). Pub. L. No. 105-298, 112 Stat. 2827, 2829.
4 The Berne Convention Implementation
Act of 1988 amended section 205 by deleting
subsection (d) and redesignating subsections (e) and (f) as subsections (d)
and (e), respectively. Pub. L. No. 100-568, 102 Stat. 2853, 2857.
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