§ 903. — Ownership, transfer, licensure, and recordation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC903]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Sec. 903. Ownership, transfer, licensing, and recordation
(a) The exclusive rights in a mask work subject to protection under
this chapter belong to the owner of the mask work.
(b) The owner of the exclusive rights in a mask work may transfer
all of those rights, or license all or less than all of those rights, by
any written instrument signed by such owner or a duly authorized agent
of the owner. Such rights may be transferred or licensed by operation of
law, may be bequeathed by will, and may pass as personal property by the
applicable laws of intestate succession.
(c)(1) Any document pertaining to a mask work 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. The Register of Copyrights shall, upon receipt of the
document and the fee specified pursuant to section 908(d), record the
document and return it with a certificate of recordation. The
recordation of any transfer or license under this paragraph gives all
persons constructive notice of the facts stated in the recorded document
concerning the transfer or license.
(2) In any case in which conflicting transfers of the exclusive
rights in a mask work are made, the transfer first executed shall be
void as against a subsequent transfer which is made for a valuable
consideration and without notice of the first transfer, unless the first
transfer is recorded in accordance with paragraph (1) within three
months after the date on which it is executed, but in no case later than
the day before the date of such subsequent transfer.
(d) Mask works prepared by an officer or employee of the United
States Government as part of that person's official duties are not
protected under this chapter, but the United States Government is not
precluded from receiving and holding exclusive rights in mask works
transferred to the Government under subsection (b).
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3349.)
Section Referred to in Other Sections
This section is referred to in section 901 of this title.
