Copyright Law of the United States of America: Contained in Title 17 of the United States Code — John Shaqi
Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(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) Recordation as Prerequisite to Infringement Suit.--No person
claiming by virtue of a transfer to be the owner of copyright or of any
exclusive right under a copyright is entitled to institute an
infringement action under this title until the instrument of transfer
under which such person claims has been recorded in the Copyright
Office, but suit may be instituted after such recordation on a cause of
action that arose before recordation.
(e) 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 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.
(f) 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.
CHAPTER 3--DURATION OF COPYRIGHT. Analysis.
Sec.
301. Preemption with respect to other laws.
302. Duration of copyright: Works created on or after January 1, 1978.
303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978.
304. Duration of copyright: Subsisting copyrights.
305. Duration of copyright: Terminal date.
Section 301. Preemption with respect to other laws.
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