- “Regarding copyright claimant: name added by C.O. from statement, ‘this is the first application submitted by this author as copyright claimant.’”
- A Form PA is submitted for a song. Sarah Desmond is named as the author of the words and music, but the claimant space is blank. The notice reads “© Enterprise Publishing” and the application is signed by an authorized agent of Enterprise Publishing, Inc. The registration specialist will communicate with the applicant to determine who owns the copyright in this work.
620 Transfer Statement
This Section discusses the U.S. Copyright Office’s practices and procedures for providing a transfer statement for works created and/or first published on or after January 1, 1978.
A transfer statement is not required for works first published before January 1, 1978. For a detailed discussion of such works, see Chapter 2100 (Renewal Registration).
620.1 What Is a Transfer of Copyright Ownership?
The Copyright Act states that a transfer of ownership “is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect.” 17 U.S.C. § 101 (definition of “transfer of copyright ownership”). It also states that a nonexclusive license is not a transfer of ownership. Id.
The copyright in a work initially belongs to the author or authors of that work. 17 U.S.C. § 201(a). Section 201(d) of the Copyright Act explains that “[t]he ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.” As a general rule, a transfer of copyright ownership must be made in writing, and it must be signed by the copyright owner conveying the copyright. Section 204(a) of the Copyright Act states that “a transfer of copyright ownership, other than by operation of law, is not valid unless an instrument or conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.”
620.2 What Is a Transfer Statement?
A transfer statement is a brief statement in the application that explains “how the claimant obtained ownership of the copyright.” 17 U.S.C. § 409(5).
620.3 Transfer Statement Distinguished from an Instrument or Conveyance That Transfers the Copyright from One Party to Another
A transfer statement is distinct from a legal instrument, conveyance, or other document that transfers the copyright from one party to another. A transfer statement does not convey any rights in the copyright; it is merely a statement in the application affirming
