620.9(B)(4) Transfer by Operation of Law
The U.S. Copyright Office will accept a transfer statement that clearly states that the copyright was transferred to the claimant by operation of law.
Examples:
- By operation of state community property law.
- Community property state.
- Partnership agreement.
- [Author] is a partner in this partnership.
620.10 Examination Guidelines: Transfer Statement
The transfer statement provided in the application will appear on the certificate of registration and the online public record. Therefore, the statement should be as accurate and complete as possible in order to provide a reliable public record.
As a general rule, if the claimant named in the application is not an author or co-author of the work, the applicant should provide a transfer statement. The registration specialist will communicate with the applicant if the application fails to provide a transfer statement or if the transfer statement is unclear or contradicted by other information in the registration materials.
620.10(A) Transfer of Copyright Ownership or Other Documents Pertaining to Copyright Submitted with the Application
A transfer statement should be provided in the appropriate field/space of the application.
Submitting a copy of an agreement, conveyance, or other legal instrument is not an acceptable substitute for a transfer statement. If the applicant submits a legal document in lieu of providing a proper transfer statement, the registration specialist will communicate with the applicant.
The applicant need not and should not submit a copy of any agreement, conveyance, or other legal instrument that may be referenced in the transfer statement. The U.S. Copyright Office will not interpret any agreement or other document pertaining to copyright.
If the applicant would like to record a transfer of copyright ownership or any other document pertaining to copyright, that document should be submitted separately using the procedures for recording documents with the U.S. Copyright Office. For a detailed discussion of these procedures, see Chapter 2300.
