2309.3(A) Constructive Notice
Recording a transfer or other document pertaining to copyright may provide constructive notice — a legal concept meaning that members of the public are deemed to have knowledge of the facts stated in the document.
Section 205(c) of the Copyright Act states that recordation "gives all persons constructive notice of the facts stated in the recorded document," but only if (i) "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 (ii) the work has been registered with the Office.
2309.3(B) Establishing Priority Between Conflicting Transfers
Recording a transfer of ownership with the U.S. Copyright Office may establish priority between two or more transfers involving the same copyrighted work.
If a copyright owner issues two transfers involving the same work, the transfer that was executed first will prevail, provided that the document is recorded (i) within one month after the transfer was executed (in the case of a transfer executed in the United States), (ii) within two months after execution (in the case of a transfer executed in another country), or (iii) at any time before the other document was recorded with the Office.
Otherwise, the later transfer will prevail, provided that (i) the transfer is taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, (ii) the transfer is taken without notice of the earlier transfer, and (iii) the transfer is recorded in a manner required to give constructive notice.
17 U.S.C.§ 205(d).
2309.3(C) Establishing Priority Between a Conflicting Transfer and a Nonexclusive License
If a copyright owner issues a transfer of copyright ownership and a nonexclusive license involving the same work, the license will prevail (regardless of whether it has been recorded with the Office), provided that the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner's duly authorized agent, and provided that one of the following conditions has been met:
• The license was taken before the execution of the transfer; or
• The license was taken in good faith before the transfer was recorded with the Office and without notice of that transfer.
17 U.S.C.§ 205(e).
Chapter 2300 : 21
12/22/2014
