*
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, request Circular 12 Recordation of Transfers and Other Documents.
Termination of Transfers
Under the previous law, the copyright in a work reverted to the author, if living, or if the author was not living, to other specified beneficiaries, provided a renewal claim was registered in the 28th year of the original term.* The present law drops the renewal feature except for works already in the first term of statutory protection when the present law took effect. Instead, the present law permits termination of a grant of rights after 35 years under certain conditions by serving written notice on the transferee within specified time limits.
For works already under statutory copyright protection before 1978, the present law provides a similar right of termination covering the newly added years that extended the former maximum term of the copyright from 56 to 95 years. For further information, request Circulars 15a and 15t.
*Note: The copyright in works eligible for renewal on or after June 26, 1992, will vest in the name of the renewal claimant on the effective date of any renewal registration made during the 28th year of the original term. Otherwise, the renewal copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year.
--------------------------------------------------------------------------------
What Is Copyright?
Who Can Claim Copyright?
-----Copyright and National Origin of the Work
What Works Are Protected?
What Is Not Protected by Copyright?
How to Secure Copyright
Publication
Notice of Copyright
-----Form of Notice for Visually Perceptible Copies
-----Form of Notice for Phonorecords of Sound Recordings
-----Position of Notice
-----Publications Incorporating U.S. Government Works
-----Unpublished Works
-----Omission of Notice and Errors in Notice
How Long Copyright Protection Endures
Transfer of Copyright
-----Termination of Transfers
International Copyright Protection
Copyright Registration
Registration Procedures
-----Original Registration
-----Preregistration
-----Special Deposit Requirements
-----Unpublished Collections
Effective Date of Registration
Corrections and Amplifications of Existing Registrations
Mandatory Deposit for Works Published in the United States
Use of Mandatory Deposit to Satisfy Registration Requirements
Who May File an Application Form?
Application Forms
-----Fill-in Forms Available
Fees
Search of Copyright Office Records
For Further Information
--------------------------------------------------------------------------------
Source: U.S. Copyright Office
*
Revised July 2006
*
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment