Page:Copyright Office Compendium 3rd Edition - Full.djvu/856

, Third Edition 1509.2(F)(4)(a) Who May Enter Into the Motion Picture Agreement?

The Motion Picture Agreement may be used by the owner of copyright in a published work or the owner of the exclusive right of publication (including the exclusive right to distribute the work in the United States). The Agreement only refers to works first published in the United States.

The Agreement may also be used by the owner of copyright in a work initially published outside the United States, but later published in this country prior to the date of deposit. Works published only outside the United States may be made subject to the Agreement if (i) the owner of copyright executes the Motion Picture Agreement together with the Standard Modification of the Agreement, and (ii) if that party has an established business office in the United States or has designated an agent in the United States with express authority to receive service in the event the Agreement is breached.

Applicants may request a copy of the Standard Modification of the Motion Picture Agreement by calling the Office's Motion Picture Team at (202) 707-8182.

1509.2(F)(4)(b) Who May Sign the Motion Picture Agreement?

The Motion Picture Agreement may be signed by an individual applicant or his or her legal representative. A business entity may sign the Agreement through a legal representative empowered to bind the entity, such as an officer of a corporation, an attorney for the applicant, or another agent who is satisfactory to the Library of Congress. In certain cases, the signing party may be required to complete the Standard Modification to the Motion Picture Agreement. Legal representatives may also be required to sign a bond that subjects that party to certain liability under the Agreement.

1509.2(F)(4)(c) The Supplementary Property Agreement

If the applicant has entered into the Motion Picture Agreement the Office may accept a deposit copy in a format other than the best edition if the applicant signs the Supplementary Property Agreement. By signing the Supplemental Property Agreement, the applicant agrees to resubmit a best edition copy of archival quality if the Library of Congress demands a copy of the motion picture under the Motion Picture Agreement.

Applicants may request a copy of the Supplementary Property Agreement by calling the Office's Motion Picture Team at (202) 707-8182.

1509.2(F)(4)(d) Return of the Deposit Copy Under the Motion Picture Agreement

The U.S. Copyright Office will return the deposit copy to the applicant pursuant to the Motion Picture Agreement if the applicant submits a specific written request. In particular, if the applicant signs the Supplementary Property Agreement discussed in Section 1509.2(F)(4)(c), that document will be interpreted as a written request for the return of the deposit copy.

If the work is to be returned by a private courier designated by the applicant, the applicant should include shipping instructions with the request. The instructions should indicate that the motion picture is to be returned at the applicant's expense and it

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