620.10(C)(4) Transfer or Possession of Material Object
The U.S. Copyright Office will not accept a transfer statement that merely refers to the transfer, ownership, or possession of a material object in which the work has been fixed. Ownership or possession of a copy or phonorecord does not convey any rights in the copyright, nor does the transfer of ownership of the copyright convey property rights in any material object in which the work has been fixed (absent an agreement to that effect). 17 U.S.C. § 202.
Examples:
- I bought this painting.
- Mary Monks sent me this video.
- I found this diary in the attic.
- I discovered these papers in a warehouse.
- I bought this sculpture at an auction.
- The author sent me these love letters when we were in high school.
- The author asked me to keep these pictures for him.
620.10(D) No Transfer Statement Given
As a general rule, if the name provided in the Name of Author field/space differs from the name provided in the Name of Claimant field/space, the registration specialist will communicate with the applicant if the applicant fails to provide a transfer statement. There are a few exceptions to this rule, which are discussed in Sections 620.10(D)(1) through 620.10(D)(2) below.
620.10(D)(1) Copyright Transferred by Inheritance or by Operation of Law
As a general rule, an application may be accepted without a transfer statement if it is clear from the relationship described that the copyright was transferred to the copyright claimant by inheritance or by operation of law.
620.10(D)(1)(a) Inheritance
The registration specialist may accept an application without a transfer statement if the author is deceased and it is clear that the claimant is the author’s heir.
Example:
- An application is submitted for a pictorial work. The applicant states that the author is deceased and names the claimant as “Joanne Chan (heiress).” The registration specialist may register the claim, even if the applicant fails to provide a transfer statement.}}
