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28 U.S.C. § 4001 — Assumption of contractual obligations related to transfers of rights in motion pictures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assumption of Obligations.—**
(1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms “transfer of copyright ownership” and “motion picture” are defined in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim)) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the transfer is executed on or after the effective date of this chapter and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if—
(A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or
(B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued.
(2) For purposes of paragraph (1)(A), “knows or has reason to know” means any of the following:
(A) Actual knowledge that the coll
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Source location: Title 28, Chapter 180, § 4001; chapter-180-assumption-of-certain-contractual-obligations.md
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**(a) Assumption of Obligations.—**
(1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms “transfer of copyright ownership” and “motion picture” are defined in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim)) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the transfer is executed on or after the effective date of this chapter and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if—
(A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or
(B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued.
(2) For purposes of paragraph (1)(A), “knows or has reason to know” means any of the following:
(A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture.
(B)
(i) Constructive knowledge that the collective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under [section 205 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section205&num=0&edition=prelim) or from publication, at a site available to the public on-line that is operated by the relevant union, of information that identifies the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access.
(ii) Clause (i) applies only if the transfer referred to in subsection (a)(1) occurs—
(I) after the motion picture is completed, or
(II) before the motion picture is completed and—
(aa) within 18 months before the filing of an application for copyright registration for the motion picture under [section 408 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section408&num=0&edition=prelim), or
(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States.
(C) Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture.
**(b) Scope of Exclusion of Transfers of Public Performance Rights.—** For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions.
**(c) Exclusion for Grants of Security Interests.—** Subsection (a) shall not apply to—
(1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or
(2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer through the exercise of the secured party’s rights or remedies as a secured party, or by a subsequent transferee.
The exclusion under this subsection shall not affect any rights or remedies under law or contract.
**(d) Deferral Pending Resolution of Bona Fide Dispute.—** A transferee on which obligations are imposed under subsection (a) by virtue of paragraph (1) of that subsection may elect to defer performance of such obligations that are subject to a bona fide dispute between a union and a prior transferor until that dispute is resolved, except that such deferral shall not stay accrual of any union claims due under an applicable collective bargaining agreement.
**(e) Scope of Obligations Determined by Private Agreement.—** Nothing in this section shall expand or diminish the rights, obligations, or remedies of any person under the collective bargaining agreements or assumption agreements referred to in this section.
**(f) Failure To Notify.—** If the transferor under subsection (a) fails to notify the transferee under subsection (a) of applicable collective bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by virtue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suffered by the transferee as a result of the failure to notify.
**(g) Determination of Disputes and Claims.—** Any dispute concerning the application of subsections (a) through (f) shall be determined by an action in United States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorney’s fee to the prevailing party as part of the costs.
**(h) Study.—** The Comptroller General, in consultation with the Register of Copyrights, shall conduct a study of the conditions in the motion picture industry that gave rise to this section, and the impact of this section on the motion picture industry. The Comptroller General shall report the findings of the study to the Congress within 2 years after the effective date of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Registration Permissive.—** At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any copyright secured on or after that date, the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim by delivering to the Copyright Office the deposit specified by this section, together with the application and fee specified by sections 409 and 708. Such registration is not a condition of copyright protection.
**(b) Deposit for Copyright Registration.—** Except as provided by subsection (c), the material deposited for registration shall include—
(1) in the case of an unpublished work, one complete copy or phonorecord;
(2) in the case of a published work, two complete copies or phonorecords of the best edition;
(3) in the case of a work first published outside the United States, one complete copy or phonorecord as so published;
(4) in the case of a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work.
Copies or phonorecords deposited for the Library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the Register may, by regulation, require. The Register shall also prescribe regulations establishing requirements under which copies or phonorecords acquired for the Library of Congress under subsection (e) of section 407, otherwise than by deposit, may be used to satisfy the deposit provisions of this section.
**(c) Administrative Classification and Optional Deposit.—**
(1) The Register
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Federal law — U.S. Code and appendices · legal_authorities
**(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. A sworn or official certification may be submitted to the Copyright Office electronically, pursuant to regulations established by the Register of Copyrights.
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if—
(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section.
**(b)** The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if—
(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and
(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises
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Federal law — U.S. Code and appendices · legal_authorities
Page 671
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 4001
CHAPTER 180—ASSUMPTION OF CERTAIN
CONTRACTUAL OBLIGATIONS
Sec.
4001.
Assumption of contractual obligations re-
lated to transfers of rights in motion pic-
tures.
§ 4001. Assumption of contractual obligations re-
lated to transfers of rights in motion pictures
(a) ASSUMPTION
OF OBLIGATIONS.—(1) In the
case of a transfer of copyright ownership under
United States law in a motion picture (as the
terms ‘‘transfer of copyright ownership’’ and
‘‘motion picture’’ are defined in section 101 of
title 17) that is produced subject to 1 or more
collective bargaining agreements negotiated
under the laws of the United States, if the trans-
fer is executed on or after the effective date of
this chapter and is not limited to public per-
formance rights, the transfer instrument shall
be deemed to incorporate the assumption agree-
ments applicable to the copyright ownership
being transferred that are required by the appli-
cable collective bargaining agreement, and the
transferee shall be subject to the obligations
under each such assumption agreement to make
residual payments and provide related notices,
accruing after the effective date of the transfer
and applicable to the exploitation of the rights
transferred, and any remedies under each such
assumption agreement for breach of those obli-
gations, as those obligations and remedies are
set forth in the applicable collective bargaining
agreement, if—
(A) the transferee knows or has reason to
know at the time of the transfer that such col-
lective bargaining agreement was or will be
applicable to the motion picture; or
(B) in the event of a court order confirming
an arbitration award against the transferor
under the collective bargaining agreement,
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