Likewise, recording a document pertaining to shareware is not a substitute for recording a document that transfers ownership of the copyright in a shareware program, such as an assignment, exclusive license, security interest, or other type of transfer. If the copyright in a shareware program has been transferred, that document should be recorded as a transfer of ownership under Section 205 of the Copyright Act, rather than a document pertaining to shareware. Recording a license or other document pertaining to shareware does not provide constructive notice against a subsequent bona fide purchaser of the same rights. It simply creates a public record concerning the terms of use for that program.
See generally General Provisions — Computer Shareware Registry, 58 Fed. Reg. 29,105 (May 19, 1993]; General Provisions — Registry of Documents Pertaining to Computer Shareware and the Donation of Public Domain Software, 56 Fed. Reg. 50,657 (Oct. 8, 1991).
2313.4 Recordation Requirements for Documents Pertaining to Computer Shareware
Congress has authorized the U.S. Copyright Office to record documents pertaining to computer shareware. See Judicial Improvements Act of 1990, Pub. L. No. 101-650, § 805, 104 Stat. 5089, 5136 (authorizing the Register of Copyrights "to maintain current, separate records relating to the recordation of documents" pertaining to shareware]. Specifically, the Office may record any document that is clearly designated as a document pertaining to computer shareware, provided that the document governs the legal relationship between the owner of a computer program that is marketed as shareware and persons who disseminate or use that program and provided that the document is submitted together with the correct filing fee. See 37 C.F.R. § 201.26(d)(1), (e).
2313.5 Who May Record a Document Pertaining to Computer Shareware?
A document pertaining to computer shareware may be recorded by the author or copyright owner of that program or his or her duly authorized representative. The person who submits the document for recordation is known as the "remitter."
2313.6 When May a Document Pertaining to Computer Shareware Be Recorded?
A document pertaining to computer shareware may be recorded at any time.
2313.7 How to Record a Document Pertaining to Computer Shareware
To record a document pertaining to computer shareware, the remitter should submit a legible photocopy or other facsimile reproduction of the document. The document should be clearly designated as a document pertaining to computer shareware and should be sent to the following address together with the filing fee specified in Section 2313.8:
Library of Congress U.S. Copyright Office-DOC 101 Independence Avenue SE Washington, DC 20559-6000
Chapter 2300 : 79
12/22/2014
