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U.S. Code as of:
01/19/04
Section 903. Ownership, transfer, licensing, and recordation
(a) The exclusive rights in a mask work subject to protection
under this chapter belong to the owner of the mask work.
(b) The owner of the exclusive rights in a mask work may transfer
all of those rights, or license all or less than all of those
rights, by any written instrument signed by such owner or a duly
authorized agent of the owner. Such rights may be transferred or
licensed by operation of law, may be bequeathed by will, and may
pass as personal property by the applicable laws of intestate
succession.
(c)(1) Any document pertaining to a mask work 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. The Register of Copyrights
shall, upon receipt of the document and the fee specified pursuant
to section 908(d), record the document and return it with a
certificate of recordation. The recordation of any transfer or
license under this paragraph gives all persons constructive notice
of the facts stated in the recorded document concerning the
transfer or license.
(2) In any case in which conflicting transfers of the exclusive
rights in a mask work are made, the transfer first executed shall
be void as against a subsequent transfer which is made for a
valuable consideration and without notice of the first transfer,
unless the first transfer is recorded in accordance with paragraph
(1) within three months after the date on which it is executed, but
in no case later than the day before the date of such subsequent
transfer.
(d) Mask works prepared by an officer or employee of the United
States Government as part of that person's official duties are not
protected under this chapter, but the United States Government is
not precluded from receiving and holding exclusive rights in mask
works transferred to the Government under subsection (b).
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