§ 204. — Execution of transfers of copyright ownership.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC204]
TITLE 17--COPYRIGHTS
CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER
Sec. 204. Execution of transfers of copyright ownership
(a) A transfer of copyright ownership, other than by operation of
law, is not valid unless an instrument of 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.
(b) A certificate of acknowledgement is not required for the
validity of a transfer, but is prima facie evidence of the execution of
the transfer if--
(1) in the case of a transfer executed in the United States, the
certificate is issued by a person authorized to administer oaths
within the United States; or
(2) in the case of a transfer executed in a foreign country, the
certificate is issued by a diplomatic or consular officer of the
United States, or by a person authorized to administer oaths whose
authority is proved by a certificate of such an officer.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2570.)
Historical and Revision Notes
house report no. 94-1476
Section 204 is a somewhat broadened and liberalized counterpart of
sections 28 and 29 of the present statute [sections 28 and 29 of former
title 17]. Under subsection (a), a transfer of copyright ownership
(other than one brought about by operation of law) is valid only if
there exists an instrument of conveyance, or alternatively a ``note or
memorandum of the transfer,'' which is in writing and signed by the
copyright owner ``or such owner's duly authorized agent.'' Subsection
(b) makes clear that a notarial or consular acknowledgment is not
essential to the validity of any transfer, whether executed in the
United States or abroad. However, the subsection would liberalize the
conditions under which certificates of acknowledgment of documents
executed abroad are to be accorded prima facie weight, and would give
the same weight to domestic acknowledgments under appropriate
circumstances.
