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17 U.S.C. § 205 — Recordation of transfers and other documents
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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Source file: Laws/federal/codes/united-states-code/title-17/section-205-recordation-of-transfers-and-other-documents--6a3b32a693.md
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Source location: Title 17, Chapter 2, § 205; chapter-002-copyright-ownership-and-transfer.md
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**(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 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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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) Fees.—** Fees shall be paid to the Register of Copyrights—
(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made;
(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made;
(3) for the issuance of a receipt for a deposit under section 407;
(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document;
(5) for the filing, under section 115(b),11 See References in Text note below. of a notice of intention to obtain a compulsory license;
(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author;
(7) for the issuance, under section 706, of an additional certificate of registration;
(8) for the issuance of any other certification;
(9) for the making and reporting of a search as provided by section 705, and for any related services;
(10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and
(11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111.
The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service. Fees established under paragraphs (10) and (11) shall be reasonable a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When, after examination, the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited constitutes copyrightable subject matter and that the other legal and formal requirements of this title have been met, the Register shall register the claim and issue to the applicant a certificate of registration under the seal of the Copyright Office. The certificate shall contain the information given in the application, together with the number and effective date of the registration.
**(b)** In any case in which the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal.
**(c)** In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate. The evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court.
**(d)** The effective date of a copyright registration is the day on which an application, deposit, and fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration, have all been received in the Copyright Office.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 138
TITLE 17—COPYRIGHTS
§ 204
problem here, of course, is that years may have passed
between the time the reverted rights vested and the
time the new owners want to make a further transfer;
people may have died and children may have been born
in the interim. To deal with this problem, the bill looks
back to the date of vesting; out of the group in whom
rights vested on that date, it requires the further trans-
fer or license to be signed by ‘‘the same number and
proportion of the owners’’ (though not necessarily the
same individuals) as were then required to terminate
the grant under subsection (a). If some of those in
whom the rights originally vested have died, their
‘‘legal representatives, legatees, or heirs at law’’ may
represent them for this purpose and, as in the case of
the termination itself, any one of the minority who
does not join in the further grant is nevertheless bound
by it.
An important limitation on the rights of a copyright
owner under a terminated grant is specified in section
203(b)(1). This clause provides that, notwithstanding a
termination, a derivative work prepared earlier may
‘‘continue to be utilized’’ under the conditions of the
terminated grant; the clause adds, however, that this
privilege is not broad enough to permit the preparation
of other derivative works. In other words, a film made
from a play could continue to be licensed for perform-
ance after the motion picture contract had been termi-
nated but any remake rights covered by the contract
would be cut off. For this purpose, a motion picture
would be considered as a ‘‘derivative work’’ with re-
spect to every ‘‘preexisting work’’ incorporated in it,
whether the preexisting work was created independ-
ently or was prepared expressly for the motion pi
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