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U.S. Code as of:
01/19/04
Section 205. Recordation of transfers and other documents
(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.
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