§ 205. — Recordation of transfers and other documents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC205]
TITLE 17--COPYRIGHTS
CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER
Sec. 205. Recordation of transfers and other documents
(a) Conditions for Recordation.--Any transfer of copyright ownership
or other document pertaining to a copyright may be recorded in the
Copyright Office if the document filed for recordation bears the actual
signature of the person who executed it, or if it is accompanied by a
sworn or official certification that it is a true copy of the original,
signed document.
(b) Certificate of Recordation.--The Register of Copyrights shall,
upon receipt of a document as provided by subsection (a) and of the fee
provided by section 708, record the document and return it with a
certificate of recordation.
(c) Recordation as Constructive Notice.--Recordation of a document
in the Copyright Office gives all persons constructive notice of the
facts stated in the recorded document, but only if--
(1) the document, or material attached to it, specifically
identifies the work to which it pertains so that, after the document
is indexed by the Register of Copyrights, it would be revealed by a
reasonable search under the title or registration number of the
work; and
(2) registration has been made for the work.
(d) Priority Between Conflicting Transfers.--As between two
conflicting transfers, the one executed first prevails if it is
recorded, in the manner required to give constructive notice under
subsection (c), within one month after its execution in the United
States or within two months after its execution outside the United
States, or at any time before recordation in such manner of the later
transfer. Otherwise the later transfer prevails if recorded first in
such manner, and if taken in good faith, for valuable consideration or
on the basis of a binding promise to pay royalties, and without notice
of the earlier transfer.
(e) Priority Between Conflicting Transfer of Ownership and
Nonexclusive License.--A nonexclusive license, whether recorded or not,
prevails over a conflicting transfer of copyright ownership if the
license is evidenced by a written instrument signed by the owner of the
rights licensed or such owner's duly authorized agent, and if--
(1) the license was taken before execution of the transfer; or
(2) the license was taken in good faith before recordation of
the transfer and without notice of it.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2571; Pub.
L. 100-568, Sec. 5, Oct. 31, 1988, 102 Stat. 2857.)
Historical and Revision Notes
house report no. 94-1476
The recording and priority provisions of section 205 are intended to
clear up a number of uncertainties arising from sections 30 and 31 of
the present law [sections 30 and 31 of former title 17] and to make them
more effective and practical in operation. Any ``document pertaining to
a copyright'' may be recorded under subsection (a) if it ``bears that
actual signature of the person who executed it,'' or if it is
appropriately certified as a true copy. However, subsection (c) makes
clear that the recorded document will give constructive notice of its
contents only if two conditions are met: (1) the document or attached
material specifically identifies the work to which it pertains so that a
reasonable search under the title or registration number would reveal
it, and (2) registration has been made for the work. Moreover, even
though the Register of Copyrights may be compelled to accept for
recordation documents that on their face appear self-serving or
colorable, the Register should take care that their nature is not
concealed from the public in the Copyright Office's indexing and search
reports.
The provisions of subsection (d), requiring recordation of transfers
as a prerequisite to the institution of an infringement suit, represent
a desirable change in the law. The one- and three-month grace periods
provided in subsection (e) are a reasonable compromise between those who
want a longer hiatus and those who argue that any grace period makes it
impossible for a bona fide transferee to rely on the record at any
particular time.
Under subsection (f) of section 205, a nonexclusive license in
writing and signed, whether recorded or not, would be valid against a
later transfer, and would also prevail as against a prior unrecorded
transfer if taken in good faith and without notice. Objections were
raised by motion picture producers, particularly to the provision
allowing unrecorded nonexclusive licenses to prevail over subsequent
transfers, on the ground that a nonexclusive license can have drastic
effects on the value of a copyright. On the other hand, the
impracticalities and burdens that would accompany any requirement of
recordation of nonexclusive licenses outweigh the limited advantages of
a statutory recordation system for them.
Amendments
1988--Subsecs. (d) to (f). Pub. L. 100-568 redesignated subsecs. (e)
and (f) as (d) and (e), respectively, and struck out former subsec. (d),
which read as follows: ``No person claiming by virtue of a transfer to
be the owner of copyright or of any exclusive right under a copyright is
entitled to institute an infringement action under this title until the
instrument of transfer under which such person claims has been recorded
in the Copyright Office, but suit may be instituted after such
recordation on a cause of action that arose before recordation.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause
of action arising under this title before such date being governed by
provisions in effect when cause of action arose, see section 13 of Pub.
L. 100-568, set out as a note under section 101 of this title.
Recordation of Shareware
Pub. L. 101-650, title VIII, Sec. 805, Dec. 1, 1990, 104 Stat. 5136,
provided that:
``(a) In General.--The Register of Copyrights is authorized, upon
receipt of any document designated as pertaining to computer shareware
and the fee prescribed by section 708 of title 17, United States Code,
to record the document and return it with a certificate of recordation.
``(b) Maintenance of Records; Publication of Information.--The
Register of Copyrights is authorized to maintain current, separate
records relating to the recordation of documents under subsection (a),
and to compile and publish at periodic intervals information relating to
such recordations. Such publications shall be offered for sale to the
public at prices based on the cost of reproduction and distribution.
``(c) Deposit of Copies in Library of Congress.--In the case of
public domain computer software, at the election of the person recording
a document under subsection (a), 2 complete copies of the best edition
(as defined in section 101 of title 17, United States Code) of the
computer software as embodied in machine-readable form may be deposited
for the benefit of the Machine-Readable Collections Reading Room of the
Library of Congress.
``(d) Regulations.--The Register of Copyrights is authorized to
establish regulations not inconsistent with law for the administration
of the functions of the Register under this section. All regulations
established by the Register are subject to the approval of the Librarian
of Congress.''
Registration of Claims to Copyrights and Recordation of Assignments of
Copyrights and Other Instruments Under Predecessor Provisions
Recordation of assignments of copyrights or other instruments
received in the Copyright Office before Jan. 1, 1978, to be made in
accordance with this title as it existed on Dec. 31, 1977, see section
109 of Pub. L. 94-553, set out as a note under section 410 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 101, 708 of this title;
title 28 section 4001.
