2309.2 What Is a Document Pertaining to Copyright?
A document pertaining to copyright is a document that has a direct or indirect relationship to the existence, scope, duration, or identification of a copyright, or a direct or indirect relationship to the ownership, division, allocation, licensing, transfer, or exercise of rights under a copyright. These relationships may be past, present, future, or potential.
Examples:
• Nonexclusive licenses.
• Wills.
• Powers of attorney.
• Affidavits.
• Declarations.
• Bankruptcy decrees.
• Certificates of change of corporate title.
• Statements regarding a change of address.
If a document does not appear to have any direct or indirect relationship to a copyright claim, the recordation specialist may communicate with the remitter and may refuse to record the document.
Example:
• A bill of lading referring to a shipment of motion pictures.
• An assignment of rights in a patent or trademark.
2309.3 Benefits of Recording Transfers and Other Documents Pertaining to Copyright
As discussed in Section 2304.1(B), some courts have held that a security interest in a registered work must be recorded with the U.S. Copyright Office as a condition for perfecting that interest. As discussed in Section 2304.1(A], a notice of termination must be recorded with the U.S. Copyright Office in a timely manner in order for the notice to take effect. For additional information concerning security interests and notice of termination, see Sections 2309.3(E) and 2310.
By contrast, recording a transfer or other document pertaining to copyright is optional, although it does provide certain benefits that are discussed in Sections 2309.3(A) through 2309.3(D).
Chapter 2300 : 20
12/22/2014
