§ 1320. — Ownership and transfer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1320]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1320. Ownership and transfer
(a) Property Right in Design.--The property right in a design
subject to protection under this chapter shall vest in the designer, the
legal representatives of a deceased designer or of one under legal
incapacity, the employer for whom the designer created the design in the
case of a design made within the regular scope of the designer's
employment, or a person to whom the rights of the designer or of such
employer have been transferred. The person in whom the property right is
vested shall be considered the owner of the design.
(b) Transfer of Property Right.--The property right in a registered
design, or a design for which an application for registration has been
or may be filed, may be assigned, granted, conveyed, or mortgaged by an
instrument in writing, signed by the owner, or may be bequeathed by
will.
(c) Oath or Acknowledgment of Transfer.--An oath or acknowledgment
under section 1312 shall be prima facie evidence of the execution of an
assignment, grant, conveyance, or mortgage under subsection (b).
(d) Recordation of Transfer.--An assignment, grant, conveyance, or
mortgage under subsection (b) shall be void as against any subsequent
purchaser or mortgagee for a valuable consideration, unless it is
recorded in the Office of the Administrator within 3 months after its
date of execution or before the date of such subsequent purchase or
mortgage.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2913; amended Pub. L. 106-44, Sec. 1(f)(2), Aug. 5, 1999, 113 Stat.
222.)
Amendments
1999--Subsec. (c). Pub. L. 106-44 substituted ``Acknowledgment'' for
``Acknowledgement'' in heading.
