Transfer of Ownership in Copyright? Make Sure it’s Recorded.

17 U.S.C. § 205, on the “Recordation of transfers and other documents” provides that any document “pertaining to a copyright” may be recorded in the U.S. Copyright Office (if it bears a valid signature or is otherwise certified). Here’s why recording documents regarding any transfer of copyright ownership is worthwhile:

ED patients, who were far away from the treatment due to their tadalafil 5mg no prescription fear of humiliation. If you think that this is entirely dependent on the perceived causes. viagra brand online Erectile dysfunction, or ED for short, is a common sexual disorder among Indians and generally the problem lies with decreased blood flow to the penis. lowest cost levitra Thanks to the lowest prices for sildenafil stimulating Sildenafil Citrate it improves the blood supply to the reproductive organs.

17 U.S.C. § 205(c) provides as follows:

“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.”

17 U.S.C. § 205(d) provides in pertinent part:

“As between two conflicting transfers, the one executed first prevails if it is recorded” timely. If the one executed first is not recorded timely, “the later transfer prevails if recorded first . . . , 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.”

In other words, without recording, one fails to establish the “constructive notice” to all other persons that 17 U.S.C. § 205(c) above provides.

17 U.S.C. § 205(e) provides as follows:

“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.”

One example of this situation is the nonexclusive license of the performance right of a song from a publisher to a performance rights organization, prior to, say, the publisher’s transfer of ownership in the song to another publisher.

Transfer of Ownership in Copyright? Make Sure it’s Recorded.

stark